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Representative First-Party Insurance Matters:

  • Obtained jury verdict for a homeowner for 100% of the damages sought, successfully defended the verdict on appeal, obtained a significant award of over one million dollars in fees and costs including a 1.5 multiplier, and then obtained a significant bad faith settlement.
  • Obtained a substantial settlement for the owner of a jai-alai/casino facility after filing suit where insurance company failed to acknowledge coverage for the significant losses insured incurred as a result of employee embezzlement.  And through a pre-mediation, obtained a substantial settlement for this same facility in an unrelated roof collapse claim overcoming an unfavorable burden of proof with respect to the coverage provision in the policy and exclusions concerning a collapse.
  • Obtained full policy limits for a company following a multimillion-dollar embezzlement scheme instituted by one of its employees following substantial requests for post loss compliance and document production.
  • Representing the owner of large hotel/residential property in Miami Beach with respect to various damages resulting from construction defects at the property which exceed $10 million.   
  • As a result of a class action, our Insurance Practice Group filed on behalf of similarly situated policyholders challenging the impartiality language in the appraisal provisions in insurance policies in which an insurance company was objecting to insureds’ chosen appraiser, the insurance company abandoned its objections, agreed prospectively not to enforce the applicable provision, paid the named insured the full amount of damages incurred, and paid 100% of the legal fees incurred.
  • Through negotiation and without the necessity of litigation obtained $28 million in insurance proceeds for the owner of two neighboring, 19-story, residential apartment projects that were under construction at the time of Hurricane Irma.  The hurricane caused well over $50 million dollars in building and other damages.  Our Insurance Practice Group has assisted and continues to assist the property owner throughout the claim process in counseling it as to submittal of multiple proofs of loss to multiple layers of insurance companies, complying with post-loss requests, assessing and documenting the damages, assembling a group of experts to analyze and assess the damages, and analyzing and evaluating claims by and against third parties. 
  • Representing the owner of four commercial properties in South Florida – all of which suffered damages in excess of $65 million and representing this owner as to a fifth loss as to one of these properties which subsequently suffered a fire loss.  Our Insurance Practice Group obtained a multimillion-dollar settlement just as to the fire loss   As to the Irma claims, our Insurance Group continues to assist the owner throughout the claim process in counseling it as to the submittal of multiple proofs of loss to multiple layers of insurance companies, complying with post-loss requests, assessing and documenting the damages, assembling a group of experts to analyze and assess the damages, and analyzing and evaluating claims by and against third parties. 
  • Using a pre-lawsuit mediation, obtained a substantial recovery for a pharmacy which sustained damage to its property and equipment resulting from a break-in at its pharmacy. During the break-in, the perpetrators not only caused direct physical damage but also broke a pipe within the interior causing water damage throughout the pharmacy and a loss of a significant portion of its inventory.  Our Insurance Practice Group ultimately prevailed despite the insurance company’s denial of the claim prior to our involvement.
  • Successfully represented numerous condominium associations in obtaining nearly 100% of the amount demanded without the necessity of the filing of a lawsuit which resulted in a multimillion-dollar recovery for the association and prompt recovery of funds.
  • In the face of a summary judgment motion based on a presumptively late notice to the insurance company of the insured’s claim, through mediation, our Insurance Practice Group, obtained a substantial six figure recovery for a property developer and preserved the balance of the construction defects claim for the developer to pursue against the contractor and related parties.   This claim arose out of ensuing water damages from faulty construction.  Despite the insurance company’s contention that the reporting of the claim was presumptively late, we were able to overcome this prejudice assertion by showing the insurance company’s investigation was insufficient and by showing there was ample evidence from which the insurance company could evaluate the claim.
  • Recognizing that the federal forum was not advantageous for the insured, our Insurance Practice Group successfully argued that the federal court should remand the coverage dispute to the state court with respect to a commercial property loss which resulted in substantial damage from a plumbing leak.  Thereafter, the state court granted the insured’s motion to compel appraisal and forced the insurance company to appraise the loss.  During the course of the appraisal, it was discovered that insured had sustained damage from a plumbing leak originating from another location.  We reported this water event and asserted that it should also be appraised.  The insurance company fought the inclusion of the additional claim in the appraisal and filed an action to determine coverage for the additional loss.  Ultimately, the insurance company agreed to appraise the amount of the additional loss but maintained its conditions to coverage.  We successfully obtained 100% recoveries for the insured as to both claims together with interest and fees.
  • After years of extensive litigation, a state court approved a class action settlement in favor of a class of homeowner policyholders which alleged that the insurance company engaged in a general business practice referred to as “post-claims underwriting.”  The Class alleged that once an insured made a claim to the insurance company it would conduct a very simple underwriting analysis it did not do in the first place and would void the policy “ab initio” so that it could effectively deny coverage based on purported, “incorrect statements” in the applications. Although the practice is not per se illegal and Chapter 627.409, Florida Statutes, allows for this practice, the Florida Office of Insurance Services, the Florida Office of the Insurance Consumer Advocate, and the Florida Legislature have all described this practice as against the public policy of Florida.  After extensive discovery and litigation, the parties reached a settlement in which the insurance company created a substantial reserve to compensate the victims of its improper practice.
  • Our Insurance Practice Group successfully compelled appraisal of a restaurant’s business income loss resulting from a fire damage which destroyed the restaurant and successfully obtained a substantial six figure recovery for the owner.
  • Just prior to the formation of our Insurance Practice Group, Michael Higer represented a developer of a non-combustible solar sausage facility suffered substantial damage as the result of the deflation of over one thousand solar sausages. Although the policy excluded coverage for all design and construction defects, it did not exclude coverage for the ensuing losses from such defects.  As a result and notwithstanding the insurance company’s motion for summary judgment based on its otherwise applicable exclusions, Mr. Higer was able to obtain a multimillion-dollar recovery which resulted in a 100% recovery as to the loss of all of the solar sausages.  The recovery also compensated the developer for the millions of dollars in damages that it suffered through the lost opportunities based upon a federal tax credit that is only available for a limited period.
  • Just prior to the formation of our Insurance Practice Group, Michael Higer represented a developer in what is now one of the landmark decisions on the issue of coverage for ensuing losses. Prior to the completion of construction of an apartment building, the developer encountered leaks in several of the units which had resulted from defective construction and design of the window structure which had caused water to leak into the interiors and spread throughout the apartment buildings.  The insurance carriers disputed coverage and claimed that the damages were the result of construction defects.  The federal court determined on summary judgment in favor of the developer that the ensuing losses resulting from the faulty workmanship were covered under the policy’s ensuing loss exception. This decision has become one of the cornerstone opinions on Florida’s ensuing loss provisions and led to a multimillion-dollar resolution in favor of the developer. 
  • Just prior to the formation of our Insurance Practice Group, Michael Higer represented a condominium association in two claims against an insurance company for damages resulting from a substantial water loss and exposure to contaminated sewage water. The insurance company improperly categorized the sewage loss as a Category 1 or 2 in an attempt to avoid its contractual obligation to compensate the association for the complete removal and replacement of the affected drywall throughout its property as well as the necessary cleaning of the wall cavities.  The insurance company also improperly limited its payments to the cost of drying a portion of the drywall instead of removing and replacing the drywall as required by the proper protocol for a Category 2 or 3 water loss.  After the association filed its lawsuit, the insurance company relented and issued full payment based on the proper assessment of the claim.
  • Obtained a multimillion-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.

'Florida Insurance Hurricane Preparation Survey' featured on multiple media outlets

June 11, 2019

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

Sun Sentinel quotes Gina Clausen Lozier in, "Check fine print: Business interruption insurance harder to claim than many think"

September 29, 2017

GlobeSt interviews Michael Higer and Gina Clausen Lozier in, "After Irma, When Will Insurers Pay Your Claims?"

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

Berger Singerman Hosts Second Annual Hurricane Preparedness Week Series to Ready Florida Businesses for Storm Season

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

Berger Singerman Hosts Hurricane Preparedness Week Series to Ready Florida Businesses for Storm Season

May 12, 2016

Berger Singerman Receives Successful Jury Verdict in Complex Insurance Case

March 11, 2016

AllBusiness.com quotes James Gassenheimer on "Law and Order: Don't Let Your Business Succumb to Litigation"

February 15, 2016

Local 10 News quotes Gina Clausen Lozier on "Citizens policyholders ask for help deciphering 'take-out' letters"

January 25, 2016

Daily Business Review, "Hurricane Season Insurance Claims Expectations vs. Reality"

June 25, 2019

Berger Singerman Survey Reveals Most Florida Businesses Are Not Prepared for Hurricane Season

June 10, 2019

Growing Florida, "Preparing to File Your Hurricane Michael Claim"

December 12, 2018

Growing America, "Crop Insurance: Read the Fine Print"

July 30, 2018

Daily Business Review, "Learning from Hurricane Irma: Properly Insuring and Protecting Your Business"

June 21, 2018

Law360, "Protecting Your Construction Site During Hurricane Season"

May 31, 2018

Miami Herald, "Here's what to know about insurance coverage for your business after Irma"

September 17, 2017

Miami Herald, "After the storm: Small businesses should anticipate insurer's document requests"

July 16, 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

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

Florida Business Law, "Property Owners and Landlords Beware: Personal Injury From Lead-Based Paint Ingestion Is Excluded From Coverage Under Commercial General Liability Insurance Policy's "Pollution" Exclusion Provision"

March 31, 2016

South Florida Legal Guide, "Get the Insurance Coverage the Gecko and Flo Promised You"

January 8, 2016

The Insurance Innovators interviews Gina Clausen Lozier in, "Innovating Insurance Coverage"

August 8, 2019

Gina Clausen Lozier and Chris Choquette, Speakers, "Regulatory Awareness and Ethical Duties of a Public Adjuster," FAPIA 2018 Fall Conference

October 29, 2018

Gina Clausen Lozier and Chris Choquette, Speakers, "Policy Pitfalls," Public Adjuster CE Course hosted by Berger Singerman

June 19, 2018

Gina Clausen Lozier and Chris Choquette, Speakers, "Regulatory Awareness and Ethical Duties of a Public Adjuster," FAPIA 2018 Spring Conference

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

Michael Higer and Gina Clausen Lozier, Speakers, "Burdens of Proof," FAPIA 2017 Spring Conference

May 22, 2017

Chris Choquette, Speaker, South Florida Claims Association Seminar of Law and Ethics

April 21, 2017

Michael Higer, Gina Clausen Lozier and Gavin Gaukroger, Presenters, "Cyber Theft and Security Breaches Insurance Seminar"

April 20, 2017

Gina Clausen Lozier and Michael Higer, Presenters, "Bad Faith Conduct" Public Adjuster CE Course

December 15, 2016

Michael Higer and Gina Clausen Lozier, Hosts, "The Burdens of Proof for Public Adjusters," Hurricane Preparedness Week

June 9, 2016

Michael Higer, Gina Clausen Lozier and Marc Shuster, Hosts, "Preparing Your Business for Loss," Hurricane Preparedness Week Series

June 7, 2016

Gina Clausen Lozier, Michael Higer and Jeffrey Wertman, Presenters, "Best Practices in Handling Insurance Claims," Hurricane Preparedness Week

June 6, 2016

Michael Higer and Gina Clausen Lozier, Speakers, "The Future of Plumbing Losses," Florida Association of Public Insurance Adjusters Spring Conference

May 2, 2016

Gina Clausen Lozier, Speaker, "Appraising Water Losses, Addressing Matching AOBs, and Continuous Flooring," Insurance Appraisal and Umpire Association Educational Conference

April 14, 2016

Gina Clausen Lozier, Presenter, "Fire CE Course"

March 18, 2016

Michael Higer and Gina Clausen Lozier, Presenters, "Plumbing Losses: Past, Present & Future," Insurance Seminar

February 11, 2016

Gina Clausen Lozier and Michael Higer, Speakers, "17th Annual WIND Conference," Windstorm Insurance Network

February 1, 2016