Barr Murman & Tonelli

Florida House Committee Nixes Insurer Bad Faith Reform

admin — Tue, 31 Jan 2012 12:14:28 +0000

On January 26, 2012, the Florida House of Representatives Civil Justice Subcommittee, in an 8-7 vote, killed HB 427, which would have amended section 624.155, Florida Statutes, dealing with insurer bad faith. The Senate version of the bill, SB 1224, has not yet been acted on by any committees, but it appears likely that, at least for 2012, legislative efforts to reform insurer bad faith have been dealt a devastating, if not fatal, blow.

The defeat of HB 427 serves to underscore the importance, from the insurer’s perspective, of removing, where possible, bad faith cases to federal court. There, judges have become increasingly antipathetic to bad-faith “set ups.” A growing body of federal case law reflects a willingness on the part of the courts to grant summary judgment in the insurer’s favor where it made genuine efforts to settle claims within policy limits, but where those efforts were foiled by perceived machinations on the part of the claimant’s counsel.

Nathan Thompson

prumery — Tue, 29 Nov 2011 22:54:48 +0000

Mr. Thompson became a member of the Florida Bar in 2007. He received his Bachelor of Science degree from the University of Florida in 2002. While at UF, Mr. Thompson was a member of the football team and Alpha Tau Omega fraternity. After undergraduate school, he obtained his J.D. degree from Barry University School of Law. Thereafter, Mr. Thompson was an Assistant Public Defender in the Sixth Judicial Circuit. He tried over twenty-five jury trials and numerous other non-jury trials to verdict. Those trials ranged from misdemeanors to life felonies. Mr. Thompson has transitioned his trial practice into the civil arena. He now practices in the area of premises liability and general liability defense. While not at work, Mr. Thompson enjoys spending time with his family, fishing, golfing, attending sporting events, and other outdoor activities.

2012 FLORIDA HOUSE BILL PROPOSES AMENDMENTS TO INSURER BAD FAITH STATUTE

admin — Fri, 21 Oct 2011 20:19:18 +0000

A bill introduced into the Florida House of Representatives on October 20, 2012 proposes changes to the state’s insurer bad faith law that are far less sweeping than those advanced in 2011 by HB 1187 and SB 1592, both of which encountered solid opposition and failed to pass. 2012 HB 0427 seeks to amend section 624.155, Florida Statutes, to add the following provisions:
1. A civil remedy notice (CRN) would be required as a prerequisite to the initiation of claims for both statutory and common-law bad faith.
2. The CRN must identify the common-law duty allegedly breached, if the claim is one for common-law bad faith.
3. If the claim is one for failure to pay or to tender monies, the CRN must include the amount of such monies.
4. The insurer’s tender of the amount demanded in the CRN or policy limits constitutes cure or the alleged violation, irrespective of the circumstances giving rise to the violation.
5. If the claimant files the CRN and the insurer tenders policy limits or the amount demanded in the CRN, the insured is entitled to a general release from the claimant.
6. If the insured files the CRN and the claimant accepts the insurer’s tender, the insured is entitled to a general release from the claimant.
7. The filing of a CRN tolls the statute of limitations for both statutory and common-law bad faith claims for 65 days.

F. Dennis Alvarez

admin — Wed, 04 May 2011 15:20:29 +0000

Born in Tampa, Florida in 1945, F. Dennis Alvarez was admitted to the Florida Bar in 1974. He is a graduate of South Texas College of Law and in 1980 was elected as a Hillsborough County Court Judge. In 1984, he was elected to the Thirteenth Judicial Circuit Court bench. He served as chief judge of the Thirteenth Judicial Circuit from 1988 to 2001. He served on many commissions through appointments by the Florida Supreme Court and is a previous chairman of the prestigious Florida Conference of Circuit Court Judges. He is a member of the U. S. District Court, Middle District of Florida, the U. S. Circuit Court of Appeals, 11th Circuit, the U. S. Supreme Court, and the Hillsborough County Bar Association. He is also the proud recipient of many community service awards including the George Edgecomb Bar Association Humanitarian Award, the Robert J. Patton Outstanding Jurist Award, the Hispanic Man of the Year Award, and the Academy of Florida Trial Lawyers’ Outstanding Jurist in the State of Florida Award for his Dedication to the Preservation of Individual Rights and Access to the Courts. Mr. Alvarez is a Certified State and Federal Mediator

Email: dalvarez@barrmurman.com

Daniel P. Mitchell

admin — Wed, 04 May 2011 15:12:01 +0000

Dan Mitchell graduated first in his class in 1980 from Stetson University College of Law, where he was Editor-in-Chief of the Stetson Law Review. Before attending law school, he was a captain in the United States Army, serving a tour of duty with the 5th Special Forces Group in the Republic of Vietnam. He is a member of Florida Bar (former member of the Admiralty Law, Continuing Legal Education, and Civil Trial Law Certification committees), the American Bar Association, the Hillsborough County Bar Association, the Florida Defense Lawyers Association (Board of Directors and former chair of the Continuing Legal Education and Products Liability committees), the American Board of Trial Advocacy, the International Association of Defense Counsel, the Federation of Defense and Corporate Counsel, and the Maritime Law Association of the United States. Mr. Mitchell is a former member of the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases. He is a Board Certified Civil Trial Lawyer by the Florida Bar.

Mr. Mitchell has been “AV” rated by Martindale-Hubbell since 1985. He has been selected for inclusion in Leading Florida Attorneys, Tampa Bay Business Journal’s 2004 Who’s Who in Business in Tampa Bay, Super Lawyers 2006 and 2007, Best Lawyers in America 2007 & 2008, and Florida Trend’s 2007 Florida Legal Elite. He is the recipient of the Florida Defense Lawyers Association 2004 President’s Award and 2005 Continuing Legal Education Award.

Mr. Mitchell is admitted to practice before all Florida state courts, the United States District Court for the Middle District of Florida, and the United States Courts of Appeals for the Fifth and Eleventh Circuits. He represents insurers and insureds in all types of tort actions, insurance coverage cases, insurer bad faith and extra-contractual damage claims, and appeals. He has participated in over 100 jury trials. He has acted as an expert witness in legal malpractice and insurer bad faith actions. He has argued appeals before the Florida Supreme Court and all Florida District Courts of Appeal. He is a frequent lecturer to attorney and to insurance professional groups. He has written articles on trial practice, insurance coverage, and other legal topics for law reviews and professional journals, and he has taught as an adjunct professor at Stetson University College of Law.

Email: dmitchell@barrmurman.com

David P. Mitchell

admin — Wed, 04 May 2011 15:11:31 +0000

David P. Mitchell was born and raised in Tampa, Florida. He attended the University of Florida where he was a member of Pi Kappa Alpha fraternity, and obtained a Bachelor of Science in Business Administration with a specialty in Finance in 2003. After graduating from the University of Florida, Mr. Mitchell attended the Stetson University College of Law, where he obtained a Juris Doctor degree, at the same time obtaining a Master of Business Administration from the Stetson University Business School. While at Stetson, David Mitchell was recognized on the honor roll, was selected for publication in the IADC Defense Counsel Journal by ranking among the top six entries in a national legal writing competition, and founded the Stetson chapter of the Florida Defense Lawyers Association Law School Division. Mr. Mitchell was admitted to both the Florida Bar and the United States District Court for the Middle District of Florida in 2009. He has participated in several jury trials, has conducted and defended many depositions, and has significant experience preparing motions, memoranda of law, and appellate briefs. He has achieved a special expertise in business, corporate, and insurance litigation. Additionally, Mr. Mitchell has studied, developed, expertise with multiple software programs and hardware configurations, with which he prepares and presents cutting-edge demonstrative exhibits, including 3D computer-generated animations, Sanction presentations and PowerPoint presentations for use at trials, hearings and mediations. Mr. Mitchell’s photorealistic animations have been unanimously approved by the courts for use as demonstrative aids during expert testimony involving forensic accident reconstructions, biomechanical injury mechanism analysis, and analysis of medical findings at the cellular and near-cellular level. He currently practices in the areas of insurance coverage, personal injury litigation, real estate litigation, complex business litigation, and general tort liability.

Email: dpmitchell@barrmurman.com

Gasper J. Ficarrotta

admin — Wed, 04 May 2011 15:10:33 +0000

Born in Tampa, Florida in 1944, Gasper J. Ficarrotta was admitted to The Florida Bar in 1968. He is a graduate of the University of Florida, College of Law, was appointed Hillsborough County Judge in 1988, appointed Hillsborough County Circuit Court Judge in 1990, serving through 2000, presiding over 350 jury trials. Certified by The Florida Bar since 1983 as a Board Certified Civil Trial Attorney, Gasper Ficarrotta has served on many committees, including the Supreme Court Committee on Standard Jury Instructions in Civil Cases (1999 to 2006); Master in Tampa Bay Inn of Court, serving as its President in 1995 and 1996; and is a member of the Tampa Chapter of the American Board of Trial Advocates. He is the recipient of the Hillsborough County Bar Association Young Lawyer Section “Outstanding Juris Award, 1996-1997” and the Young Lawyer’s Division of The Florida Bar “Outstanding Juris Award, 1997-1998.” Mr. Ficarrotta is a Certified Circuit Court Mediator and Arbitrator in the State of Florida. Since 2000, he has conducted in excess of 3000 mediations, approximately 100 arbitrations, has served as a Special Master, Special Magistrate and Trial Resolution Judge in numerous cases in Hillsborough, Pinellas, Pasco, Hernando and Orange Counties. His current practice includes civil litigation, as well as mediations, arbitrations, special master and trial resolution judge appointments. He has also served as a neutral umpire in hurricane, water loss and sinkhole claims.

Email: gficarrotta@barrmurman.com

James A. Murman

prumery — Wed, 04 May 2011 15:00:25 +0000

Born in 1945, James A. Murman was admitted to the Florida Bar in 1974. He is a graduate of the University of Tennessee where he was a member of Phi Alpha Delta. Mr. Murman is a member of the Hillsborough County Bar Association, The Florida Bar, The Florida Defense Lawyers Association, the American Board of Trial Advocates, and former Chairman of the Hillsborough County Grievance Committee. He is also on the Board of Trustees of the Allegheny Franciscan Foundation, Board of directors of the University Club of Tampa, past president of the American Board of Trial Advocates, and a volunteer in several local children’s organizations. Mr. Murman is a Certified Mediator and has conducted in excess of 150 jury trials.

Email: jmurman@barrmurman.com

David S. Nelson

admin — Wed, 04 May 2011 14:00:58 +0000

Born in Hendersonville, North Carolina, David S. Nelson was admitted to the Florida Bar in 1987. Mr. Nelson received his undergraduate degree in Journalism from Indiana University of Pennsylvania in 1980, and his law degree from the University of Florida College of Law in 1987. Mr. Nelson worked as an announcer, music director, and program director at several radio stations. He is admitted to practice before all Florida Courts, the United States District Courts for the Middle District of Florida, the Western District of Kentucky, the United States Court of Appeals for the Sixth and Eleventh Circuits and the bar of the United States Supreme Court. Mr. Nelson concentrates his practice in the defense of hospitals, physicians and other health care providers. He has also handled numerous appeals before Florida’s Second District Court of Appeal, the Florida Supreme Court, and the United States Courts of Appeal for the Sixth and Eleventh Circuits.

Email: dnelson@barrmurman.com

Gary Nicholson

admin — Wed, 04 May 2011 14:00:06 +0000

Mr. Nicholson received his Bachelor’s degree in Journalism, with honors, from the University of Florida in 1974 and his Juris Doctor degree, with honors, in 1977, also from the University of Florida. He has extensive experience in handling all types of casualty insurance claims/lawsuits over his more than 32 years of practice in the Tampa Bay area. He has tried more than 75 jury trials to verdict in various jurisdictions throughout the State of Florida. Gary is a member of both the Florida and North Carolina state bar associations. He is AV-rated by Martindale-Hubbell.

Email: gnicholson@barrmurman.com

Hector Rivera

admin — Wed, 04 May 2011 13:00:48 +0000

Mr. Rivera became a member of The Florida Bar in 2004. A native of Tampa, Florida, he graduated from Jesuit High School. He received his Bachelor of Arts in Business Administration from the University of Florida in 2000 and obtained his J.D. degree from Stetson University College of Law in 2003. While at Stetson, he was on the Honor Roll and served as a Judicial Intern with the Thirteenth Judicial Circuit in Hillsborough County. Mr. Rivera is a member of the Florida Defense Lawyers Association, Defense Research Institute, Hillsborough County Bar Association, American Bar Association Tort Trial and Insurance Practice Section and The Young Lawyers Division of the Florida Bar. He is admitted in the Middle District of Florida and currently practices in the areas of personal injury defense and insurance coverage. Hector has experience handling a wide variety of civil litigation matters, with an emphasis in defense of premises liability and automobile accidents.

Email: hrivera@barrmurman.com

Jon M. Pellett

admin — Wed, 04 May 2011 13:00:16 +0000

Jon M. Pellett is a native of Florida and was born in Orlando. He received two undergraduate degrees from the University of Central Florida, one in biology and the other in statistics. He graduated with honors from the Florida State University College of Law. Mr. Pellett was admitted to the Florida Bar in 1995. He is an associate member of the Council on Licensure, Enforcement, and Regulation (CLEAR) and he participates on CLEAR’s Health Issues, National Certified Investigator Training, Legal Issues, and Professional Discipline Subcommittees. He served on the Board of Directors of the Friends of the Arboretum at the University of Central Florida from 1998 – 2003 and was a volunteer guardian ad litem in the Second Judicial Circuit from 1991-1995. Mr. Pellett focuses his practice on administrative law and the defense of licensed professionals in disciplinary and staff privilege related matters.

Email: jpellett@barrmurman.com

Paula W. Rousselle

admin — Wed, 04 May 2011 12:00:21 +0000

Ms. Rousselle has 31 years experience in civil trial practice handling litigation and arbitrations involving all aspects of casualty defense. She received her B.S. (1976), and her J.D. (1979) from Stetson University. The primary area of her practice involves the defense of medical malpractice cases. She also handles the defense of automobile, premises liability, product liability, bad faith, PIP/UM cases and general insurance litigation. She has participated in seminars and lectures for physicians, chiropractors, nurses, insurance adjusters, hospital administrators, and risk managers.

She is a member of Florida Bar, the Hillsborough County Bar Association, the Florida Defense Lawyers Association and the Defense Research Institute. Ms. Rousselle is admitted to practice before all Florida state courts and the United States District Court for the Middle District of Florida. Ms. Rousselle is “AV” rated by Martindale-Hubbell. She has been selected for inclusion in Leading Tampa Attorneys, in the area of medical malpractice.

Ms. Rousselle has served on the Board of Directors of Chair Scholars, a non-profit organization dedicated to the education of children with severe disabilities who for economic reasons would not be able to continue their education. She has also served on the Board of Directors for the Outback Steakhouse Pro-Am Golf tournament, dedicated to raising money for four chosen charities in the Tampa Bay area. She is an avid golfer and is a member of Old Memorial Golf Club.

Email: prousselle@barrmurman.com

Paulette Z. Brown

admin — Wed, 04 May 2011 11:00:53 +0000

Paulette was born in Hialeah, Florida. Ms. Brown attended the University of Florida and graduated with Honors in a B.S. degree Finance and Insurance. Ms. Brown continued her education and attended Stetson University College of Law where she graduated with Honors and also obtained her M.B.A. from Stetson University. During law school, Ms. Brown interned at the United States Federal Court, Middle District of Florida, for the Honorable Elizabeth Kovachevich, Chief Judge and at the United States Department of Justice, Trustee Division. Ms. Brown is a member of The Florida Bar Association, the American Bar Association and the Phi Delta Phi Honor Fraternity. She practices in the areas of workers’ compensation defense for self-insured employers and workers’ compensation carriers.

Email: pbrown@barrmurman.com

Jerry A. Setchel

admin — Wed, 04 May 2011 11:00:31 +0000

Born in Cuba, New York in 1954, Jerry A. Setchel was admitted to the Florida Bar in 1979. Mr. Setchel graduated with a B.S. in Economics from Allegheny College in Meadville, Pennsylvania in 1976. He obtained his J.D. from Stetson University College of Law in 1979. He is “AV” rated a member of the U. S. District Court, Middle District of Florida, the U. S. Court of Appeals for the 11th Circuit, and a past or present member of the 11th Circuit the American Bar Association, Defense Research Institute, American Corporate Counsel Association, Florida Defense Lawyers Association, Clearwater Bar Association, Pinellas County Criminal Defense Association, Pinellas County Trial Lawyers Association, and the Hillsborough County Bar Association. Mr. Setchel’s primary focus is in the areas of general civil litigation, negligence defense, nursing home negligence, product liability defense, employment discrimination, insurance coverage and ERISA Litigation.

Email: jsetchel@barrmurman.com