Kubicki Draper

Need the blueprints for defending construction claims successfully? Join us as we dig deep into expertly crafted sessions led by KD's Construction Practice Group, designed to equip industry professionals with the tools and knowledge needed to build strong defense strategies in construction defect cases. To register, email us at info@kubickidraper.com. #KDLaw #Florida #Alabama #construction #webinar #virtual

Wishing all who celebrate a sweet and prosperous year ahead! #RoshHashanah #NewYear #Blessings

KD is a proud sponsor of the Fall 2024 Meeting, hosted by the Academy of Hospitality Industry Attorneys (AHIA) in Detroit, Michigan. Team members Aram Barikian and Francesca Ippolito-Craven from the Miami office, and Jason Friedman from the Fort Lauderdale office, are slated to attend. For registration and event information, visit: https://ow.ly/2JPQ50TAq7E #KDLaw #Florida #Alabama #hospitality

In The Open MRI Guys of Palm Beach, LLC v. Progressive Am. Ins. Co., No. 3D23-2008 (Fla. 3d DCA Sept. 25, 2024), Kubicki Draper attorneys Michael Clarke and Joye Walford obtained an affirmance of an order granting Progressive’s motion to transfer venue based on the insurance policy's venue clause. The Third District Court of Appeal held that the venue clause is mandatory, and not permissive, because its plain language establishes the exclusivity of the chosen venue. The clause provides, "Unless we agree otherwise, any legal action against us must be brought in a court of competent jurisdiction for the county and state where the person seeking coverage from this policy lived at the time of the accident." The plaintiff/appellant argued that the chosen venue is not exclusive because the clause gives the insurer the ability to agree to a different venue. The Court rejected this argument, concluding that the plain language of the clause mandates where an action against the insurer "must be brought." The Court held that the non-mutuality of the clause does not make it permissive and unenforceable. This case emphasizes the importance of the wording of a venue clause to its enforceability. To be enforceable, it must require that the insured bring an action in a specified venue. Use of terms like "must" and "shall" indicates a mandatory clause while terms like "may" or "should" indicates a permissive clause. Notably, the venue clause was enforced against a PIP provider assignee with the Court finding that the plaintiff “stands in the shoes” of the insured/assignor. Insurers may want to examine the language of their policies' venue selection clauses to ensure the use of the mandatory language. View the full opinion at: https://ow.ly/Bq1u50TACeK #KDLaw #Florida #Alabama #SuccessStory #AppellateResult

We are incredibly proud and grateful for our team's dedication and hard work, which are key to our success! A special shout-out to Ken Oliver from our Fort Myers office. When Ken joined Kubicki Draper, he was the 18th attorney in what was then a single office in Miami. In 1991, as the firm continued to grow, Ken played a pivotal role in its expansion by opening the Fort Lauderdale office. Eleven years later, he went on to establish the Fort Myers/Naples office. Ken has been instrumental in the firm’s incredible growth, from one office with fewer than twenty attorneys to a network of twelve offices and more than 230 attorneys today. Cheers to 40 years, Ken! Fun fact: While in law school, Ken was able to clerk at a law firm with fellow Equity Partner, Earleen Cote, starting a more than thirty year long friendship. #KDLaw #KDCelebrates #KDFam #workiversary #success

In Government Employees Insurance Company v. Glassco, Inc., No. SC2023-1540 (Fla. Sept. 25, 2024), the Florida Supreme Court held that the Florida Motor Vehicle Repair Act (§ 559.921(1), Fla. Stat.), is a consumer protection law that protects vehicle owners/operators and, therefore, does not grant an insurance company a cause of action when a repair shop fails to comply with certain statutory requirements. Additionally, the Court explained that any statutory violation committed by the repair shop does not result in the voiding (in its entirety) of the repair shop’s invoice, thus rendering no balance due to the shop, as this would amount to “extra-statutory punishment” not contemplated by the Legislature when enacting the Motor Vehicle Repair Act. For more details, read the opinion at: https://ow.ly/3Y2O50TvLsN #KDLaw #Florida #Alabama #LegalUpdate #SupremeCourt

Charles Watkins, Chief DEI Officer and Shareholder, recently attended the 2024 NAAIA National Conference, hosted by the National African American Insurance Association (NAAIA). The annual event gathers professionals and thought leaders from across the insurance / legal industry to discuss trends, opportunities, and challenges. To learn more, visit www.naaia.org. #KDLaw #NAAIA #Florida #Alabama #Diversity #Inclusion #DEI #ProfessionalDevelopment #law

"Se formo la gozadera" (the celebration has begun) across our KD offices as we continue celebrating Hispanic Heritage Month with a delicious breakfast showcasing Hispanic dishes for our team to enjoy. At KD, we embrace our heritage and believe our differences make us stronger. Happy Hispanic Heritage Month! #KDLaw #Florida #Alabama #HispanicHeritageMonth #HHM #diversity #Latino #culture

KD Chief DEI Officer and Shareholder, Charles Watkins, is slated to present on September 26 at 12:00 p.m. EST as part of the 2024 Webinar Series hosted by the Claims and Litigation Management Alliance (CLM). Charles will be presenting, "I Might Be Biased: The Problem With AI Bias and What Can Be Done About It," with his esteemed colleagues, Maria Elena Abate, of Colodny Fass and Dwight E. Geddes of Metro Claims and Risk Management. To register, visit: https://ow.ly/TCqa50Ts8vF.

Congratulations to Joseph G. Monte II, Esquire from our Tampa office on his acceptance into the prestigious Bar Leadership Institute Program, hosted by the Hillsborough County Bar Association (HCBA). The program is designed to cultivate attorneys from diverse backgrounds, equipping them with the skills and experience to become future leaders within the HCBA and the broader community. Participants will engage in educational modules and hands-on site visits as part of their leadership development. #KDLaw #Florida #Alabama #leadership #professionaldevelopment