KDQ Quarterly- Winter 2023/2024
February 27, 2024
February 27, 2024
February 27, 2024
February 27, 2024
December 12, 2023
9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156
T: 305.374.1212 F: 305.374.7846
view location | map locationMiami-Dade
402 Applerouth Lane, Suite 2C
Key West, FL 33040
T: 305.509.7300 F: 305.374.7846
view location | map location110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301
T: 954.768.0011 F: 954.768.0514
view location | map location1700 Palm Beach Lakes Blvd., Suite 800
West Palm Beach, FL 33401
T: 561.640.0303 F: 561.640.0524
view location | map locationIndian River | Martin | Okeechobee | Palm Beach | Saint Lucie
400 North Ashley Drive, Suite 1200
Tampa, FL 33602
T: 813.204.9776 F: 813.204.9660
view location | map location201 South Orange Avenue, Suite 475
Orlando, FL 32801
T: 407.245.3630 F: 407.245.7685
view location | map location1396 NE 20th Avenue, #500
Ocala, FL 34470
T: 352.622.4222 F: 352.622.9122
view location | map location1 Independent Drive, Suite 1601
Jacksonville, FL 32202
T: 904.396.0062 F: 904.396.0380
view location | map location125 West Romana Street, Suite 550
Pensacola, FL 32502
T: 850.434.0003 F: 850.434.0223
view location | map locationEscambia | Holmes | Okaloosa | Santa Rosa | Walton
1705 Metropolitan Boulevard, Suite 202
Tallahassee, FL 32308
T: 850.222.5188 F: 850.222.5108
view location | map locationBay | Calhoun | Franklin | Gadsden | Gulf | Jackson | Jefferson | Leon | Liberty | Wakulla | Washington | Madison | Lafayette | Taylor
13350 Metro Parkway, Suite 201
Fort Myers, FL 33966
T: 239.334.8403 F: 239.939.0700
view location | map locationCharlotte | Collier | DeSoto | Glades | Hardee | Hendry | Lee
11 North Water Street, Suite 10290
Mobile, AL 36602
T: 251.308.3351 F: 251.287.1624
view location | map locationBaldwin | Washington | Clarke | Escambia | Covington | Geneva | Houston | Henry | Dale | Coffee | Barbour | Pike |Crenshaw | Butler | Monroe | Clarke | Choctaw | Wilcox | Bullock | Russell
In 1963, Gene Kubicki founded the firm based on dedication to excellence. The same high standards have been maintained for over five decades -- years which have seen the firm’s ranks swell to over 200 attorneys.
Our team knows return clients are the life blood of any law firm and this is why we ensure client satisfaction by an exacting attention to service and quality. Client service coupled with a spectacular work ethic, makes our team hard to beat.
Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes diversity is not only a moral imperative, but is also sound business practice.
In response to the growing needs of its clients, the firm began expanding in the early 1980's and today is a diverse full-service law firm providing trial, appellate, coverage, commercial and real estate transaction services.
Kubicki Draper enjoys a national reputation for expertise in the handling of complex, high stakes litigation matters, as well as, appellate, general commercial and real estate practice.
With a dozen offices throughout the State of Florida and other key points in the southern parts of Georgia, Alabama, and Mississipi, our firm is familiar to every venue statewide and will never get home-teamed.
For questions about our services and/or to assign a new matter, please contact Brad McCormick.
May 3, 2024
April 29, 2024
April 18, 2024
March 26, 2024
March 19, 2024
March 5, 2024
February 16, 2024
Dismissal Affirmed When Assignment of Property Insurance Benefits Fails to Strictly Comply with § 627.7152(2)
In Gale Force Roofing & Rest., LLC v. Am. Integrity Ins. Co., No. 2D22-4104 (Fla. 2d DCA Feb. 16, 2024), the Second DCA considered whether dismissal of a complaint was proper based on the AOB’s failure to “[c]ontain a provision that allows the assignor to rescind the assignment agreement without a penalty or fee by submitting a written notice of rescission” as required by § 627.7152(2)(a)2, Fla. Stat. (2021) (emphasis added). While the AOB contained some of these terms in different provisions, the Court concluded that its failure to contain a single provision setting forth each and every term made the AOB unenforceable. Specifically, while the AOB allowed for rescission, it did not permit rescission by submitting “a written notice.” And while it mentioned that rescission would be without a “penalty,” it did not also mention a “fee.” This decision supports filing a motion to dismiss in property insurance cases filed by an assignee if the AOB does not contain a single provision parroting the exact wording of the statute. View the opinion here.
February 16, 2024
Split Among District Courts Regarding Whether Property Insurance Presuit Notice Requirement Applies Retroactively
In Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 14, 2024), the Third District aligned itself with the Fourth District, holding that the presuit notice requirement for property insurance claims applies retroactively. The presuit notice requirement was added in section 627.70152(3)(a), Fla. Stat. (2021), which was effective on July 1, 2021. The statute says it “applies exclusively to all suits arising under a residential or commercial property insurance policy.” The Third District found that this language intended for retroactive application to policies issued before July 1, 2021. The court also ruled that, because the statute was procedural in nature, retroactive application was constitutional. In so doing, the court certified conflict with the Sixth District. Circuit courts will be required to follow the precedent in their district, but the argument should still be preserved in the Sixth District. View the opinion here.
January 18, 2024
January 11, 2024
January 4, 2024
January 4, 2024
October 19, 2023
We are thrilled to announce that Marlene DeTour, one of our regional managers, has been honored with the CFCALA Presidents' Council Award for Professionalism. This accolade stands as a testament to Marlene's dedication and proficiency in legal administration, and we take great pride in having her as a vital part of our team.
Please join us in extending our heartfelt congratulations to her!
October 11, 2023
October 5, 2023
September 25, 2023
September 25, 2023
September 25, 2023
September 20, 2023
September 19, 2023
April 10, 2024
Florida 4-Hour Law and Ethics Update
May 9, 2024 | 10:00 a.m. EST
Are you an All-Lines Florida licensed adjuster who needs to fulfill Florida's 4-Hour Law & Ethics (5-620) requirement? The complimentary webinar meets Florida Department of Insurance's 5-620 CE requirement and will cover:
This webinar is approved only for the 5-620 FL Adjuster All Lines License and/or the 2-20 FL General Lines License
For registration information, contact info@kubickidraper.com.
March 19, 2024
February 14, 2024
January 23, 2024
February 22, 2024 | 10:00 a.m.
Florida 4-Hour Law and Ethics Update
Presenters: Michael Carney | Jason Friedman | Hillary Lovelady | Charles Watkins
This webinar is approved only for the 5-620 FL Adjuster All Lines License and/or the 2-20 FL General Lines License
February 27, 2024 | 12:00 - 1:00 p.m.
Don't Delay, Appeal Today! Non-Final Orders Subject to Immediate Appeal Under Florida Rule of Appellate Procedure 9.130
Presenters: Michael Clarke | Joye Walford
This class will provide claims professionals and attorneys with a substantive review of the designated non-final orders of Florida’s trial courts which are subject to immediate appeal under Florida Rule of Appellate Procedure 9.130. The course identifies issues and provides critical information on the time frame to institute an appeal, jurisdiction, required findings and rulings within the order(s), and standards of appellate review that are applied by the appellate court. Finally, the course provides specific examples of Florida appellate opinions interpreting and applying Rule 9.130 to frequently occurring fact patterns in civil litigation.
For registration information, email info@kubickidraper.com.
December 22, 2023
Human Nature - The Benefit of the Human Factors Expert
January 16, 2024 | 1:00 p.m. EST
In this presentation, our team will delve into the practical side of how human factors experts play a crucial role in addressing negligence claims. They’ll walk you through the decision-making process, help you understand when a human factors expert is beneficial, and explore how they navigate claims for the best results. The team will also touch on the current legal context and Daubert considerations. Join us for a great discussion about the world of human factors expertise!
November 13, 2023
October 4, 2023
KD Construction Conference | November 3, 2023
KD's Construction Practice Group is excited to invite you to a groundbreaking event that will revolutionize your approach to construction claims!
Whether you're a seasoned professional looking to refine your skills or someone new to the construction claims arena, our virtual construction conference promises to be a day filled with valuable insights and practical knowledge to boost your expertise in the field by reviewing the latest industry trends, innovations, and strategies.
Register today to secure your spot for one, some, or all of our upcoming construction presentations on November 3!
To register, email us at info@kubickidraper.com.
October 4, 2023
Florida 4-Hour Law and Ethics Update
November 8, 2023 | 10:00 a.m. EST
Are you an All-Lines Florida licensed adjuster who needs to fulfill Florida's 4-Hour Law & Ethics (5-620) requirement? The complimentary webinar meets Florida Department of Insurance's 5-620 CE requirement and will cover:
This webinar is approved only for those who hold the 5-620 Adjuster All Lines License and/or the 2-20 General Lines License.
For registration information, email info@kubickidraper.com.
September 26, 2023
October 26, 2023 | 12:00 - 1:00 p.m. EST
OSHA: Investigation, Application and Detection of Fraud in First Party Property Estimates and Admissibility at Trial
Presenters: Sarah Goldberg and Barbara Fox
This class will discuss common OSHA requirements, how they are included in first party property estimates and how to identify and handle fraud in estimates based on OSHA requirements.
All courses are complimentary for insurance professionals and are approved by the Florida Department of Financial Services for continuing education credit.
For registration information, email us at info@kubickidraper.com.
August 16, 2023
June 27, 2023
June 5, 2023
May 22, 2023
May 5, 2023
April 14, 2023
April 10, 2023
April 6, 2023
April 4, 2023
March 14, 2023
February 23, 2023
KD's Hospitality Retail and Premises Liability Pratice Group Presents:
Getting Real About Realtors’ Liabilities
March 30, 2023
12:00 PM - 1:00 PM EST
February 27, 2024
February 27, 2024
February 27, 2024
December 12, 2023
November 22, 2023
October 24, 2023
IN THIS KDQ ISSUE:
June 30, 2023
September 16, 2022
July 18, 2022
July 14, 2022
July 8, 2022
June 24, 2022
June 17, 2022
June 9, 2022
June 1, 2022
April 4, 2022
January 21, 2022
December 3, 2021
October 6, 2021
May 25, 2021
January 31, 2024
January 18, 2024
January 11, 2024
January 9, 2024
April 26, 2023
March 30, 2023
November 28, 2022
November 15, 2022
October 19, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022
September 16, 2022