Berger Singerman’s Insurance litigators assist clients in understanding the complex nature of an insurance policy’s coverages and exclusions. We provide representation on behalf of policyholders in all insurance coverage disputes from business income claims to complex commercial or residential property losses that may have been denied, delayed or underpaid. Berger Singerman’s Insurance lawyers are also well versed in losses resulting from wrongful or negligent acts committed by officers or directors of a company and when an insurance company is required to provide a defense.
Our attorneys are skilled at interpreting policy provisions and can protect their client’s rights to coverage. A large part of our practice involves consulting with insureds prior to instituting litigation with regard to their compliance with an insurance policy’s post-loss obligations. Our Insurance lawyers provide the highest level of service to their clients and distinguish themselves by our extensive experience in litigating complex insurance coverage issues, including class actions, in state and federal courts. Our team includes former defense attorneys who have many years of experience defending insurance companies, and who allow our clients to benefit from our unique knowledge.
Our lawyers are on the forefront of the continuously changing insurance industry and have represented the interests of policyholder’s by educating the courts, insurance companies and agents regarding the impacts of legislative and judicial decisions. Our lawyers are familiar with the evolving insurance markets and the statutory regulations governing the conduct of insurance companies.
Areas of Practice
- First Party Property– Commercial/Residential
- Business Income/Extra Expense/Loss of Use
- Directors & Officers Liability
- Errors and Omissions
- Bad Faith
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Representative Matters 
- After a two week, jury trial in Miami, Berger Singerman received a successful jury verdict awarding our client one hundred percent of the damages sought in the trial. The case was unique as it involved complex insurance coverage issues arising out of damages to a home from vibrations attributed to a nearby construction project. Our client asserted that his damages were the result of the vibrations and covered under his homeowner’s insurance policy. The insurance company argued that the damages pre-existed his policy period and that there were multiple exclusions that excluded coverage. The jury heard and considered highly technical and scientific analysis and opinions concerning the measurement of vibrations and the potential for these vibrations to cause damage to structures. Ultimately, the jury agreed that the vibrations did indeed cause damage to our client’s home and that his insurance company breached its policy when it denied coverage.
- Successfully represented a power plant that generated solar energy for public projects in obtaining a multi-million dollar recovery against the insurance company.
- Successfully represented a condominium association with multiple high-rise buildings located on the water in South Florida in obtaining a multi-million recovery against the insurance company.
- Obtained a multi-million dollar recovery for a prominent real estate developer in a dispute against the insurance company for interior water damages sustained during a construction project.
- Represented billionaire real estate investor in D&O litigation that followed the unfortunate demise of a resort project that was caused by the 2008 financial crises.
- Represented a Fortune 100 mortgage industry client in coverage litigation involving a $200mm D&O policy in regard to coverage for five separate shareholder derivative actions.
- Represented plan trustee in D&O related coverage issues in the Taylor Bean & Whitaker Mortgage Corporation bankruptcy.
- Represented a liquidating plan trustee in Fidelity Bond coverage litigation involving a $90MM policy
- Represented Chapter 7 trustee in banking related litigation claims for fraudulent transfers and aiding and abetting breaches of fiduciary duty and related coverage issues.
- Represented plan trustees and Chapter 7 trustees in a number of high profile accounting malpractice litigation claims and related coverage issues.
- In actions for breach of contract and fraud, won a $3 million dollar summary judgment on a counterclaim for an insurance company and obtained dismissal of the multi-million dollar claims against it.
- In a Federal Court breach of contract action, obtained a dismissal of experts, shielding the insurance company from a potential $14 million dollar judgment and securing a settlement for pennies on the dollar.
In the News
Law360 quotes Gina Clausen Lozier in, "Fla. High Court Bolsters Policyholders In Bad Faith Case"
September 24, 2018
The Florida Bar Foundation Receives $70,000 CY Pres Award
February 13, 2018
Law360 quotes Paul Singerman in, "Climate Change Starting To Emerge As A Bankruptcy Issue"
January 29, 2018
September 29, 2017
September 27, 2017
WPBF News Channel 25 interviews Gina Clausen Lozier on, "Irma's Aftermath: Hurricane Insurance"
September 15, 2017
Florida Trend features Michael Higer in, "Critical Juncture"
August 2017
Thirty-Two Berger Singerman Attorneys Recognized in the 2017 Super Lawyers Florida Edition
June 9, 2017
Berger Singerman Receives High Marks by Chambers USA for Fourteenth Consecutive Year
May 30, 2017
May 17, 2017
Newspaper Media Group quotes Gina Clausen Lozier in, "Avoid getting soaked – check insurance policy"
February 17, 2017
Law360 quotes Gina Clausen Lozier on "Matthew's Battering Of Fla. Won't Capsize Insurers"
October 7, 2016
Insurance.com quotes Gina Clausen Lozier, "What to do if your homeowners insurance is cancelled"
September 20, 2016
May 12, 2016
Berger Singerman Receives Successful Jury Verdict in Complex Insurance Case
March 11, 2016
February 15, 2016
January 25, 2016
Publications
Growing Florida, "Preparing to File Your Hurricane Michael Claim"
December 12, 2018
Doing Business in Florida, "Legislature Takes Little Steps in 2018 to Reform Assignment Law"
August 8, 2018
Doing Business in Florida, "Policy Changes Upon Renewal"
August 7, 2018
Doing Business in Florida, "Mandatory Mediation and Your Property Insurance Claim"
August 6, 2018
Doing Business in Florida, "Did Your Insurance Company Pass the Grade?"
August 2, 2018
Doing Business in Florida, "Remembering Hurricane Irma"
August 1, 2018
Growing America, "Crop Insurance: Read the Fine Print"
July 30, 2018
June 22, 2018
Doing Business in Florida, "Wind-Driven Rain Insurance Coverage: A Post-Irma Review"
June 22, 2018
Doing Business in Florida, "Hurricane Damage Caused by Flying Debris. Who's Liable?"
June 22, 2018
June 21, 2018
June 18, 2018
Doing Business in Florida, "Irma by the Numbers: The Claim Count Continues to Grow"
June 18, 2018
Doing Business in Florida, "Environmental Insurance Coverage: Now you have it – now you don't"
June 15, 2018
Law360, "Protecting Your Construction Site During Hurricane Season"
May 31, 2018
March 1, 2018
Miami Herald, "Here's what to know about insurance coverage for your business after Irma"
September 17, 2017
Doing Business in Florida, After Hurricane Irma: Weathering Your Insurance Claim
September 13, 2017
Miami Herald, "After the storm: Small businesses should anticipate insurer's document requests"
July 16, 2017
June 12, 2017
Daily Business Review, "New Hurricane Center Guidelines: Update Your Emergency Action Plan Now"
June 9, 2017
Doing Business in Florida, "Who's on First/Third?"
June 7, 2017
Condo Management, "Best practices for handling a hurricane insurance claim"
June 7, 2017
Doing Business in Florida, "Post Loss Compliance: The Duty to Give Prompt Notice"
June 6, 2017
Doing Business in Florida, "Vlog: The Tides have Changed: New Storm Surge Predictions from the NHC"
June 5, 2017
Doing Business in Florida, "Held hostage by ransomware? There is insurance for that."
May 17, 2017
Doing Business in Florida, "Death, Taxes, Insurance, Oh My!"
December 13, 2016
December 1, 2016
Doing Business in Florida "Don't Let Your Guard Down: The Aftermath of Hurricane Matthew"
October 11, 2016
September 9, 2016
Doing Business in Florida "Beware of the Tax Traps of Employer-Owned Life Insurance Contracts"
September 7, 2016
September 6, 2016
Law 360, "Zika In Florida: Hope For The Best, Plan For The Worst"
August 22, 2016
Daily Business Review, "You Don't Have to Be Bitten to Be Affected by Zika"
August 9, 2016
Law360, "Insurance Agents - Help Your Client, But Protect Yourself"
July 1, 2016
Doing Business in Florida, "Cybersecurity: Before and After the Storm"
June 9, 2016
June 8, 2016
Doing Business in Florida, "Governments Are Not Immune to Hurricanes"
June 7, 2016
June 6, 2016
Doing Business in Florida, "What You Need To Know About Your Insurance Policy"
May 12, 2016
April 13, 2016
March 31, 2016
Doing Business in Florida, "Valentine's Day Aftermath?"
February 16, 2016
South Florida Legal Guide, "Get the Insurance Coverage the Gecko and Flo Promised You"
January 8, 2016
Events & Speaking Engagements
October 29, 2018
June 19, 2018
June 6, 2018
Gina Clausen Lozier, Speaker, "Florida Case Law Update on Appraisal," IAUA Meeting
March 8, 2018
Gina Clausen Lozier, Speaker, "Insurance Industry Depositions," Windstorm Insurance Conference
January 15, 2018
Gina Clausen Lozier, Speaker, IAUA Meeting for the Insurance Appraisal and Umpire Association
September 14, 2017
Michael Higer, Speaker, "Insurance Advocacy 25 Years After Andrew," History Miami Museum
August 16, 2017
Gina Clausen Lozier and Gavin Gaukroger, Speakers, "Best Practices for Handling an Insurance Claim"
August 10, 2017
May 22, 2017
Chris Choquette, Speaker, South Florida Claims Association Seminar of Law and Ethics
April 21, 2017
April 20, 2017
Gina Clausen Lozier and Michael Higer, Presenters, "Bad Faith Conduct" Public Adjuster CE Course
December 15, 2016
June 9, 2016
June 7, 2016
June 6, 2016
May 2, 2016
April 14, 2016
Gina Clausen Lozier, Presenter, "Fire CE Course"
March 18, 2016
February 11, 2016
February 1, 2016