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

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

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.

Insurance Companies Saved By the Bell?
January 5, 2021
Business Interruption Claims and the Virus
November 16, 2020
Significant Changes Coming to the Florida Building Code
November 9, 2020
Mental Health: Coping with Hurricane Season During a Global Pandemic
July 16, 2020
Protecting Trade Secrets When a Hurricane Hits During a Pandemic
July 15, 2020
Learn Your ABC’s: Understanding Your Basic Homeowner’s Insurance Coverage
July 14, 2020
July 13, 2020
What You Need To Know About Construction Weather Delay Claims
April 7, 2020
The Florida OIR Encourages Insurance Carriers to Work with Policyholders during COVID-19 Pandemic
March 29, 2020
COVID-19: Cyber Readiness for Remote Access Workers
March 26, 2020
Insurance Carrier Continuity Plans in the Era of COVID-19
March 19, 2020
COVID-19: Considerations for Homeowners and Condominium Associations
March 15, 2020
Alternative Dispute Resolution For Your Hurricane Claim
June 12, 2019
Understanding Commercial Policies: Not So Easy
June 10, 2019
Death, Taxes, Insurance, Oh My!
December 12, 2016
A Victory for Florida Policyholders: The Florida Supreme Court Upholds the Concurrent Cause Doctrine
November 30, 2016
Don't Let Your Guard Down: The Aftermath of Hurricane Matthew
October 10, 2016
Wind v. Wave: Making the Critical Distinction of Damage Caused by Storm Winds and Storm Surge
September 8, 2016
Beware of the Tax Traps of Employer-Owned Life Insurance Contracts
September 6, 2016
Cybersecurity: Before and After the Storm
June 8, 2016
Are You Caught in the Storm? What Bankruptcy Practitioners Need to Know about Hurricane Claims
June 7, 2016
Governments Are Not Immune to Hurricanes
June 6, 2016
June 5, 2016
What You Need To Know About Your Insurance Policy
May 11, 2016
Florida Supreme Court Changes Landscape for What is Discoverable in an Attorney's Fees Contest
April 12, 2016
February 15, 2016

January 13, 2021
Forbes Quotes Gina Clausen Lozier in, "These Are The Worst Home Insurance Claim Mistakes"
October 13, 2020
September 9, 2020
Bankrate Quotes Madelyn Rodriguez in, "How much flood insurance do I need for a mortgage?"
August 18, 2020
August 2, 2020
Forbes Quotes Gina Clausen Lozier in "Why Are Insurance Policies Impossible To Read?"
July 26, 2020
July 26, 2020
July 23, 2020
July 5, 2020
June 28, 2020
December 8, 2019
August 28, 2019
'Florida Insurance Hurricane Preparation Survey' featured on multiple media outlets
June 10, 2019
Law360 quotes Gina Clausen Lozier in, "Fla. High Court Bolsters Policyholders In Bad Faith Case"
September 23, 2018
The Florida Bar Foundation Receives $70,000 CY Pres Award
February 12, 2018
Law360 quotes Paul Singerman in, "Climate Change Starting To Emerge As A Bankruptcy Issue"
January 28, 2018
September 28, 2017
September 26, 2017
WPBF News Channel 25 interviews Gina Clausen Lozier on, "Irma's Aftermath: Hurricane Insurance"
September 14, 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 8, 2017
Berger Singerman Receives High Marks by Chambers USA for Fourteenth Consecutive Year
May 29, 2017
May 16, 2017
Newspaper Media Group quotes Gina Clausen Lozier in, "Avoid getting soaked – check insurance policy"
February 16, 2017
Law360 quotes Gina Clausen Lozier on "Matthew's Battering Of Fla. Won't Capsize Insurers"
October 6, 2016
Insurance.com quotes Gina Clausen Lozier, "What to do if your homeowners insurance is cancelled"
September 19, 2016
May 11, 2016
Berger Singerman Receives Successful Jury Verdict in Complex Insurance Case
March 10, 2016
February 14, 2016
January 24, 2016

Law360 "Assessing Fla. Insureds' Hurricane Losses During A Pandemic"
August 18, 2020
Client Alert: Upcoming Deadline to Report Hurricane Irma Damage
August 10, 2020
Property Casualty 360, "COVID-19 and Hurricanes: The Perfect Storm"
June 28, 2020
Law360, "Hurricane Season Flags Insurance Pitfalls For Fla. Businesses"
September 23, 2019
Daily Business Review, "Hurricane Season Insurance Claims Expectations vs. Reality"
June 24, 2019
Berger Singerman Survey Reveals Most Florida Businesses Are Not Prepared for Hurricane Season
June 9, 2019
Growing Florida, "Preparing to File Your Hurricane Michael Claim"
December 11, 2018
Growing America, "Crop Insurance: Read the Fine Print"
July 29, 2018
June 20, 2018
Law360, "Protecting Your Construction Site During Hurricane Season"
May 30, 2018
Miami Herald, "Here's what to know about insurance coverage for your business after Irma"
September 16, 2017
Miami Herald, "After the storm: Small businesses should anticipate insurer's document requests"
July 15, 2017
Daily Business Review, "New Hurricane Center Guidelines: Update Your Emergency Action Plan Now"
June 8, 2017
Doing Business in Florida, "Who's on First/Third?"
June 6, 2017
Condo Management, "Best practices for handling a hurricane insurance claim"
June 6, 2017
Law 360, "Zika In Florida: Hope For The Best, Plan For The Worst"
August 21, 2016
Daily Business Review, "You Don't Have to Be Bitten to Be Affected by Zika"
August 8, 2016
Law360, "Insurance Agents - Help Your Client, But Protect Yourself"
June 30, 2016
March 30, 2016
South Florida Legal Guide, "Get the Insurance Coverage the Gecko and Flo Promised You"
January 7, 2016

December 8, 2020
September 28, 2020
August 7, 2019
October 28, 2018
June 18, 2018
June 5, 2018
Gina Clausen Lozier, Speaker, "Florida Case Law Update on Appraisal," IAUA Meeting
March 7, 2018
Gina Clausen Lozier, Speaker, "Insurance Industry Depositions," Windstorm Insurance Conference
January 14, 2018
Gina Clausen Lozier, Speaker, IAUA Meeting for the Insurance Appraisal and Umpire Association
September 13, 2017
Michael Higer, Speaker, "Insurance Advocacy 25 Years After Andrew," History Miami Museum
August 15, 2017
Gina Clausen Lozier and Gavin Gaukroger, Speakers, "Best Practices for Handling an Insurance Claim"
August 9, 2017
Michael Higer and Gina Clausen Lozier, Speakers, "Burdens of Proof," FAPIA 2017 Spring Conference
May 21, 2017
Chris Choquette, Speaker, South Florida Claims Association Seminar of Law and Ethics
April 20, 2017
April 19, 2017
Gina Clausen Lozier and Michael Higer, Presenters, "Bad Faith Conduct" Public Adjuster CE Course
December 14, 2016
June 8, 2016
June 6, 2016
June 5, 2016
May 1, 2016
April 13, 2016
Gina Clausen Lozier, Presenter, "Fire CE Course"
March 17, 2016
February 10, 2016
January 31, 2016

Business Interruption Claims and the Virus
November 16, 2020
Law360 "Assessing Fla. Insureds' Hurricane Losses During A Pandemic"
August 18, 2020
Mental Health: Coping with Hurricane Season During a Global Pandemic
July 16, 2020
Protecting Trade Secrets When a Hurricane Hits During a Pandemic
July 15, 2020
Property Casualty 360, "COVID-19 and Hurricanes: The Perfect Storm"
June 28, 2020
April 7, 2020
The Florida OIR Encourages Insurance Carriers to Work with Policyholders during COVID-19 Pandemic
March 29, 2020
COVID-19: Cyber Readiness for Remote Access Workers
March 26, 2020
Coronavirus Pandemic: Understand your Insurance Coverages with Attorney Gina Clausen Lozier
March 22, 2020
Insurance Carrier Continuity Plans in the Era of COVID-19
March 19, 2020
COVID-19: Considerations for Homeowners and Condominium Associations
March 15, 2020