Insurance Coverage & Coverage Litigation
MMP&S features a comprehensive insurance practice serving our clients in every segment of the insurance industry. Our insurance group is experienced in all types of insurance litigation and coverage disputes. We provide services to a broad spectrum of insurance clients, ranging from insureds to brokers to insurers and all related specialties and specialists. The practice extends to myriad State and Federal courts throughout the United States. MMP&S has served as national litigation coordinating counsel to one of the largest and fastest growing construction insurance brokers/consultants in the country.
Our partners have significant experience acting as appointed arbitrators and mediators in connection with the resolution of a wide variety of such lawsuits and claims. MMP&S has vast experience in interpretation and application of insurance issues and has successfully litigated on behalf of clients on both sides of the table – the insurance industry and the insureds. We have been directly involved in preparing coverage opinions, drafting insurance disclaimers and litigating declaratory judgment actions.
This accomplished coverage group is qualified to handle any issue which may arise from the interpretation of an insurance contract, including coverage and litigation in all lines, including commercial general liability, professional liability, commercial property, environmental risk, homeowners and inland marine. In addition, MMP&S handles all insurance-related litigation and disputes dealing with construction, products, catastrophic injury, insurance coverage, contracts, homeowners’ insurance property and liability coverage, brokers’ errors and omissions claims, product liability, coverage for employment practices, directors and officers liability policies and errors and omissions policies issued to lawyers, accountants, insurance agents and real estate agents. In addition, we litigate and advise our clients regarding interpretation of excess and umbrella liability policies and priority of coverage. MMP&S’s insurance coverage attorneys also analyze and litigate bad faith and extra-contractual damages claims.
Furthermore, when a new claim arrives at MMP&S, we immediately investigate to determine whether our client may be an additional insured on another entity’s liability policy. We recognize the goal is not simply to win but, rather, where appropriate, to ensure the timely transfer of the risk, responsibility and obligation to other responsible parties. This process entails our thorough review of contracts, certificates of insurance and correspondence exchanged between the contracting parties. Thereafter, if appropriate, we promptly prepare a detailed letter tendering our client’s defense and indemnity and triggering our claim for attorneys’ fees. In the event that such tender is rejected, we next evaluate the potential for a declaratory judgment action. Our firm has enjoyed great success in securing defense and indemnification from other carriers on behalf of our clients and often this includes reimbursement for attorneys’ fees previously expended.
Closely related is MMP&S experience in the field of excess insurance, assisting both primary and excess carriers in analyzing, managing and resolving complex contribution, defense and settlement issues. In our role as monitoring counsel we encourage the cost-effective adjustment of claims within the framework of the terms, conditions, limitations and exclusions for which the insured and insurer have contracted.
MMP&S Obtains Entitlement to Attorney's Fees Under the New Florida Statute Section 627.7152(10) - 2021
In P and R 24 7 Restoration LLC a/a/o Paola Medina v. Citizens Property Insurance Corporation, MMP&S successfully prevailed on a Motion for entitlement to Attorney’s Fees under Fla. Stat. 627.7152(10). This was the first entitlement Order obtained by Citizens Property Insurance Corp. under this new statute. Plaintiff commenced this action based upon an assignment of benefits under Citizens’ policy, which is governed by Fla Stat. 627.7152. This statute was newly enacted in 2019, and governs assignment agreements for companies who perform post- loss mitigation services and repairs to residential and commercial properties. After MMP&S successfully obtained an Order granting Citizens’ Motion to Dismiss the Plaimtiff’s Complaint with prejudice based upon a non-compliant assignment of benefits, MMP&S then sought to recover their attorney’s fees under this statute. MMP&S successfully refuted the Plaintiff’s argument in opposition to entitlement of fees under the statute at a hearing in Palm Beach County Court, arguing that a $0 judgment was obtained by virtue of the dismissal and Citizens complied with the statute by timely inspecting the insured property. The Order granting entitlement to attorney’s fees was subsequently entered.