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How Does Bankruptcy Affect a Subrogation Claim?

Bankruptcy is a scary word… and the implications can be felt far and wide. This article will focus on the impact of bankruptcy on a subrogation claim.   Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. […]

Business Records or Inadmissible Hearsay? The Incident Report

Business records prepared in anticipation of litigation serve a crucial role in helping businesses prepare for potential legal challenges, protect their interests, and comply with legal requirements. These records are essential for evidence preservation, legal strategy development, and risk management in the face of future legal disputes or regulatory investigations. The primary purpose is to […]

No April Fools! Avoiding Surprises While Navigating a Subrogation Claim

April Fools’ Day has us all on the lookout for pranks, however it is never fun to be surprised when managing a subrogation claim. While there are endless pitfalls that could be waiting behind every door, there are some surprises for which you can be on the look-out. Here are a few potential issues to […]

There was an Easement Around Here Somewhere

Easements, what are they and how does Florida law categorize them? An easement generally provides the right to use another person’s land for a specific purpose. It is a nonpossessory interest, as it is only the “use” of the land, and not the ownership of the land. If the original purpose of the easement has […]

Implications of Senate Bill 154 on Milestone Inspections

On June 24, 2021, at about 1:20 a.m., a 12-story beachfront condominium in Surfside, FL, Champlain Tower South, partially collapsed. 98 souls perished. In response, lawmakers have since passed laws to try and stop it from happening again. Senate Bill 154 is an amendment to Florida Statute §553.899, which was enacted in response to the […]

Did ChatGPT Pass the Bar Exam?

Did ChatGPT Pass the Bar Exam? Learn more about the relationship of AI technology and law from the experts at DSB&C.

What is the Manfredo formula and when will it impact your claim?

Picture this – You’ve paid out a worker’s compensation claim with ongoing medical and indemnity benefits, provided continued notice to the injured employee’s counsel of the ongoing benefits paid and even had your counsel file a Notice of Lien related to these benefits. You now receive correspondence, or a copy of a Notice of Settlement […]

A Guide to Subrogation Pre-Suit Demand Packages

Purpose A pre-suit demand package puts the tortfeasor and/or their carrier on notice of a subrogation claim. It serves as the first formal step in the process for an insurance carrier to inform the at-fault party of the claim and offers an opportunity to settle the claim without litigation. Moreover, it signifies the carrier’s readiness […]

The Applicability of Florida Statute 627.70152 after the Commencement of Litigation

In a recent hearing held on Defendant’s Motion for Entry Upon Land to allow for a re-inspection for an engineer by the Insurer, Plaintiff’s counsel argued that based on Florida Statute 627.70152(4)(a)(3), the Insurer waived its right to re-inspect the Insured’s property and due to this, said Motion should be denied. The Judge in this […]

A Look at Spoliation Remedies in Florida

Spoliation of evidence can make or break any case, regardless of how strong liability and damages may be. As a firm with an entire division dedicated to litigating subrogation matters, we have been on both ends of spoliation motions. This shall serve as a synopsis of how Florida handles spoliation in various scenarios.

The State of the Statute of Repose in the State of New York

New York is famous for not having a Statute of Repose of any sort. For the purposes of this discussion, a Statute of Repose bars a claim against design professionals and contractors after passage of a certain amount of time from project completion. This is different than a Statute of Limitations, which sets a deadline […]

Waiving Consequential Damages – The Struggle Continues

Consequential damages waiver clauses are found in almost all standard construction industry contracts. Not surprisingly, parties want to avoid the economic impacts of unforeseen consequences. Yet all too often, we find ourselves litigating over the enforceability of consequential damages waivers because the confusion about these clauses is so widespread. Why are these boilerplate standard waivers […]

Attention to the Details Makes or Breaks The Case

By now most lawyers have come to recognize that Florida’s summary judgment standard mirrors the Federal standard.  This generalized view, however, overlooks important and distinct procedural aspects of Florida Rule 1.510 (c)(5). Unlike its Federal counterpart, the Florida rule requires the nonmovant party serve a Response to a Summary Judgment Motion at least 20 days […]

Does Fla. Stat. 768.0427 Apply to Medical Damages Presented to the Jury in Lawsuits Filed Before March 24, 2023?

DSBC Associate Katie Hinkle explores whether or not Fla. Stat. 768.0427 applies to medical damages presented to the Jury in lawsuits filed before March 24, 2023.

Navigating the Delicate Relationship With an Insured During Subrogation

DSBC Associate Morgan Long explains how to navigate the unique relationship with the insured during the course of a subrogation claim.

Subrogation Theories When a Fire Originates From a Neighbor’s Residence in Florida

Florida allows subrogation recovery for damage due to the spread of fire from a neighboring property. Discover three strategies that can be employed when attempting to develop a theory of liability.

Unlocking The Recipe to Successful Subrogation Claim Management

  As a professional cake artist and baker turned attorney, I like to think of a successful subrogation claim as a perfectly constructed recipe. Some may think that overlooking the smallest detail is immaterial. However, if you forget a teaspoon of baking powder in your beautiful pound cake, the consistency will become heavy, grainy and […]

Raising Subro: Building Your Subrogation Dream Team

Achieving success in the subrogation field is largely dependent on the team of subrogation professionals and/or attorneys that you assemble. The two simple, yet critical elements to building your subrogation dream team are hiring the right people for the job and raising them to be stars of your team. Every employer has different criteria that […]

When it Comes to Indemnification in Construction Contracts, the Sky is NOT the Limit

Succeeding on a common law indemnity claim can prove to be difficult, if not impossible, for a general contractor seeking indemnification from a subcontractor. DSBC Partner Hillarie Miller discusses the limits of indemnification in construction contracts.

Sufficiency of Affidavits Supporting Motions for Summary Judgement

Motions for Summary Judgment are a useful tool for insurance companies to have a Court rule on issues in a case as a matter of law before those issues are presented to a jury. DSBC Associate Marni Rogalsky breaks down its use in the context of defending first-party property cases.

Additional Personal Injury Protection Subrogation: A Not So New Pair of Shoes

Many legal practitioners are familiar with the doctrine of subrogation while some may only recall from their Bar studies. You are invited to walk this article’s literary path, which traverses a lesser-known avenue of subrogation by way of Additional Personal Injury Protection (“APIP”) coverage.

The Implications of Senate Bill 2A on Florida Statute § 627.428

Senior Associate Michelle Smith Lambert explores the implications of Senate Bill 2A on Florida Statute § 627.428.

What Is the Sutton Doctrine and How Does It Affect Subrogation?

Senior Associate Mary Grecz explains the Sutton Doctrine and how it affects subrogation.

What to Do When Your Subrogation Target Passes Away

Subrogation is the right of an insurance company to be repaid the money they spent on an injured policyholder while their personal injury claim was pending. Find out how to proceed when your subrogation target passes away.

Letters of Protection: Effective “I Owe Yous” or Evidence of Failure to Mitigate Damages

Learn about the advantages and disadvantages of a Letter of Protection from the legal experts at DSB&C.

Subrogation – It’s Not Just a Funny Word

Subrogation is a product of justice. DSBC attorney Jessica Mehaylo breaks down the word, its meaning, its origin, and most importantly, how it applies to you.

Foreign Judgments Ruled Stage-5 Clingers in Mass. Courts

The Massachusetts Appeals Court recently clarified how judgments from foreign jurisdictions can be enforced against assets located in Massachusetts.

Bryan Black Named Top Construction Law Lawyer in Palm Beach County

We are proud to announce that Derrevere, Stevens, Black & Cozad partner Bryan W. Black has been named as a top construction law attorney in Palm Beach County!

Learning to Love Massachusetts Superior Court Rule 9A (Pt. II – Summary Judgment)

Massachusetts Superior Court Rule 9A is often the bane of many attorneys due to its length, complexity, and specificity. This blog post is a guide to filing/serving Summary Judgment Motions in the Superior Court.

Federal Court News – Florida Southern District Court

The lawyers at DSBC keep abreast of changes in Federal law to protect our clients’ interest in all aspects of litigation.  Knowledge and compliance with the Rules leads to best practices and optimal client outcome.

Bryan Black Successfully Defends Client in Million Dollar Arbitration Claim

DSB&C Partner, Bryan Black, successfully defends his client in a million dollar arbitration claim.

Hillarie Miller Scores Another Dismissal via Motion for Summary Judgment

Another win in the books as DSB&C Associate, Hillarie Miller, scored a dismissal for her client with her Motion for Final Summary Judgment.

DSB&C Welcomes Robert Stern

Robert A. Stern has joined Derrevere Stevens Black & Cozad (“DSB&C”) as a Subrogation Partner, and will manage its New York and New Jersey offices. Robert was formerly a shareholder, Board of Director and Chair of Clausen’s Miller’s Subrogation group. Robert presently serves as Vice President of the National Association of Subrogation Professionals.

A Guide for the Rush Assigned Subrogation Loss

The ability to make a recovery is directly tied to how efficiently and effectively the subrogation process is handled on a new loss. If the proper steps are not taken, it is very likely that any chance of a subrogation recovery will be lost.

Miya’s Law Advances Through the Florida Legislature

A bill is advancing through the Florida Legislature which proposes to place onerous requirements on apartment complex landlords to protect tenants from the threat of violence posed by employees with criminal histories.

Wielding the Double-Edged Sword of Non-Binding Arbitration

Many, if not all, Uniform Trial Orders include a mediation requirement. Increasingly, some judges have also been uniformly ordering cases to non-binding arbitration as an alternative method of resolution. Non-binding arbitration can be both a blessing and a nuisance.

Attorney Hillarie Miller Successfully Obtains Final Summary Judgement for Subcontractor Client

This action arose out of the construction of four townhomes in Bay Harbor Islands (the “Project”).  The Owner/Developer entered a Prime Contract with the General Contractor, who subsequently entered various contracts with numerous Subcontractors, including the Client.

To File Arbitration or To File Suit? That is the Question

Arbitration Forums, Inc. (“AF”) was founded in 1943 and is a membership-driven, not-for-profit organization.  Many insurers are signatories to agreements that provide for arbitration.  This means that the insurers agree to submit any applicable claim that may arise between them to AF and agree to forego litigation.

Where the Worlds of Civil Litigation and Philanthropy Intersect

It may sound dubious to think that in the world of civil litigation one can find ways to give back to the community, but hopefully I can provide some helpful insights for other legal professionals who feel a desire to engage, participate and give back to their community by using our unique legal education.   […]

Subrogation in State Court – In High “Remand”

Subrogating a claim with diverse parties and over $75,000 in controversy – going to federal court right? “Not so fast!” as the inimitable Lee Corso would say. While federal jurisdiction may not affect your case’s merits or deter your filing of a given case – if you or your clients prefer to file in state […]

DSB&C’s David Miller Celebrates No Shave November!

Here ye! Here ye! Calling all lovers of humans! Calling all haters of cancer! The “No Shave November” Committee of the Palm Beach County Bar Association Young Lawyer Section is holding its annual “No Shave November” event to raise money for a charity – Cancer Alliance of Help & Hope – and we want your […]

Derrevere Stevens Black & Cozad Hires Partner Meghan Wilson to Spearhead its First-Party Insurance Defense Division

October 25, 2021 – (West Palm Beach, Florida) —- Derrevere Stevens Black & Cozad (“DSB&C”) announced today that it has brought on Meghan Wilson, Esq. as a Partner to take over the helm of DSB&C’s First-Party Defense Division. Meghan was admitted to the Florida Bar in 2007 and has since focused her practice almost exclusively […]

No Res Ipsa Loquitor for You: DSB&C Secures Another Dismissal for Target

In Urena v. Target Corp., Plaintiffs, as parents and natural guardians of their minor child, claimed their daughter sustained physical injuries when she struck an end cap in Target’s Palm Beach Lakes store while shopping with her mother and grandmother.

Learning to Love Massachusetts Superior Court Rule 9A

Most Massachusetts attorneys have likely heard other attorneys, or have themselves bemoaned one of many Massachusetts-specific rules or requirements that tend to frustrate practicing attorneys: the need for blue ink signatures; the need for original summonses to file with the court; or the dreaded 9C conference—the list goes on.   However, few rules are as […]

Hurry Up and Wait

Subrogation and workers compensation, together, normally are not a topic of conversation at many events or family gatherings. However mundane as it sounds, if you are a workers’ compensation carrier or injured worker, you may want to learn more as Florida law allows for other parties, not just the injured worker, to recover from the third-party who caused the injury.

Michael B. Stevens to Speak on the Implied Co-Insured Doctrine at the 2021 National Association for Subrogation Professionals’ Annual Conference on November 7-8

DSB&C’s Managing Partner, Michael B. Stevens, has been selected by the National Association for Subrogation Professionals to speak at this year’s annual conference. Michael will be speaking on the topic of the Implied Co-Insured Doctrine which he has litigated in various states and in Florida all the way to the Florida Supreme Court. The conference […]

Federal Court Litigation and Considerations for Proceeding with a Magistrate Judge

As the court system seeks to return to its new post-pandemic normal, DSB&C remains committed to legal excellence in representing clients.  The goal in litigated cases is to obtain the fair and just determination in every case.  In Federal Court, consent to a magistrate judge may be a tactical advantage to consider.  28 U.S.C. Chapter […]

Jon D. Derrevere scores another victory for Target at the 11th Circuit Court of Appeal

The premises liability team of DSB&C of our West Palm Beach office successfully defended an appeal in the Eleventh Circuit Court of an Order granting Final Summary Judgment.  In Espinoza v. Target Corp., 843 F. App’x 168, (11th Cir. 2021), Plaintiff claimed physical injuries to her head, neck, back, and shoulder; she also claimed damages […]

Derrevere Stevens Black & Cozad Taps Michael B. Stevens as its New Managing Partner as the Firm Continues its Technological and Geographical Expansion Beyond Florida and into New England

June 1, 2021 – (West Palm Beach, Florida) —- Derrevere Stevens Black & Cozad (“DSB&C”) announced today that Michael B. Stevens has been appointed Managing Partner of the firm, effective June 1, 2021. Michael is the firm’s first Managing Partner to succeed the founding and outgoing Managing Partner, Jon D. Derrevere.   Having made Partner […]

Bryan W. Black Obtains Final Summary Judgment in Personal Injury and Property Damage Case involving Certified Mold Assessor and Indoor Air Quality Testing.

April 13, 2021 – Haskett, et. al. v. Hibiscus Springs Rental Homes, et. al. This action arises out of claims asserted by four (4) Plaintiffs against a Rental Home company, Property Management company, various individual employees and a Certified Mold Assessor & Air Quality Testing Company (“Defendant”). Plaintiffs filed their initial complaint in February 2020 […]

Fourth District Court of Appeals Affirms Summary Judgment in Construction Defect Case.

January 15, 2021 Update – Bryan W. Black, Esq. In June 2020, at the Fourth District Court of Appeals, Appellant/Plaintiff sought plenary review of the final “Order on Defendant’s Motion for Final Summary Judgment”. Appellant argued that (1) the lower court erred in granting final summary judgment in favor of Appellee/Defendant since failure to comply […]

A Win for Subro in a Florida Commercial Landlord/Tenant Dispute

On February 7, 2015, a fire ripped through a 5 Napkins Restaurant on South Florida’s popular outdoor retail strip on Lincoln Road in South Beach. The damages to the building were extensive and ultimately caused the restaurant to close. Michael B. Stevens, Esq., and Mary Grecz, Esq., from Derrevere Stevens Black & Cozad filed a […]

Michael B. Stevens to speak at the National Association of Subrogation Professionals 2019 Annual Conference in Washington, D.C.

Michael B. Stevens has been selected to speak at the upcoming NASP Annual Conference in Washington, D.C., on October 28, 2019. Michael will be discussing Florida Statute §440.39 and the different mechanisms for recovering in worker’s compensation cases in Florida. The statute provides unique procedures with strict deadlines that, when complied with properly, allows a […]

Michael Stevens and Mary Grecz to Present at 2018 NASP Annual Conference

Michael Stevens and Mary Grecz will both be presenting at the 2018 National Association of Subrogation Professionals’ (“NASP”) Annual Conference in Orlando, Florida. Mr. Stevens will be presenting on the topic of Ethical Management, which will cover managing employees on both the insurance carrier and law firm sides. Mrs. Grecz will be presenting on the […]

DSBC Celebrated Halloween 2017

Every year, Derrevere Stevens Black & Cozad celebrates Halloween with an office costume contest. Although unplanned, this year turned out to be “The Year of Winnie the Pooh.” Both Michael Stevens’ and Jon Derrevere’s teams showed up to the office in Winnie the Pooh garb.   Everyone looked spectacular but as with any contest, there […]

Big Firm News!

The West Palm Beach-based law firm of Derrevere Hawkes Black & Cozad has recently changed its name to Derrevere Stevens Black & Cozad. Along with the name change, Michael B. Stevens has become the Managing Partner for the firm’s new satellite office in Boston, Massachusetts. Mr. Stevens manages the Insurance Subrogation and Real Estate Divisions for […]

Bryan Black to Speak at 2018 XL Catlin Adjuster Webinar

Attorney Bryan Black will be speaking at next year’s XL Catlin Adjuster Webinar. Mr. Black will be speaking about Pre-Suit Mediation and Alternative Dispute Resolution Clauses.

Michael Stevens and Teddy Stevens to Speak at 2017 NASP Annual Conference

Michael Stevens and Teddy Stevens will be speaking at the National Association of Subrogation Professionals Annual Conference in Austin, Texas on November 7, 2017. The title of the presentation is: Yes, but is it classy (ethical)?: A year in review of effective/ineffective communications and how to handle it with class. A re-education on how to […]

Bryan Black Obtains Final Summary Judgment in Personal Injury Case involving claim against Architectural Company

December 7, 2016 – Smith v. Calvary, et al: Counsel for Architect: Bryan W. Black. This action arises out of personal injuries sustained by Plaintiff that occurred while Plaintiff was descending stairs in the center aisle of a theater on the Subject property. Plaintiff sustained serious injuries to his legs which have led to multiple […]

Bryan Black Obtains Final Summary Judgment in Construction Defect case involving claim against Individual Architect

December 22, 2016 – 900 Biscayne Condominium Association v. 900 Biscayne, LLC, et al: Counsel for Defendant Architect: Bryan W. Black. This action arises out of claims asserted by 900 Biscayne Condominium against the Developer, Designers, Contractor and Subcontractors. 900 Biscayne, LLC (Developer) also filed cross and third party claims, including claims against certain individual […]

Bryan Black Spoke at 2017 AIA Conference on Understanding Ethics in Architecture

Attorney Bryan W. Black, an Allied Member of the American Institute of Architects, spoke at the organization’s Conference on Architecture on April 29, 2017 in Orlando, Florida. The event featured workshops, seminars, tours and events lead by industry-leading architects and design professionals. Mr. Black, who represents architects and other designers throughout the State of Florida, […]

Jon D. Derrevere Obtains $800,000 Verdict for Client in St. Augustine Gas Station Explosion

After a two week jury trial, and three hours of deliberations, a six member St. Johns County jury found Florida Rock & Tank Lines, Inc. to be primarily at fault for the fuel spill, fire and eventual explosion that destroyed The 5th Wheel BP gas station owned by Coomes Oil & Supply, Inc., and neighboring […]

Michael Stevens to Speak at NASP Florida Conference on April 15, 2014

Michael B. Stevens will be presenting at the National Association of Subrogation Professionals’ Florida Chapter Meeting on April 15, 2014. Mr. Stevens will be speaking about Waivers of Subrogation and Subrogation Prohibitions in Florida. Click here to download a copy of the event’s flyer. If you have any interest in attending, please contact Kris Leal […]

From the Premises Liability Corner: Plaintiff’s Burden of Proof and Discovery Issues

Effective July 1, 2010, Fla. Stat. 768.0755 provides that a business invitee, store customer, who slips and falls on a transient foreign substance in a business establishment must prove that the business owner had actual or constructive knowledge of the dangerous condition. In most cases, the plaintiff has difficulty proving the business owner had actual […]

From the Appellate Corner: The “American Rule”

Always Consider Whether Attorney’s Fees are Available In Jomar Properties, LLC (“JOMAR”) v. Bayview Construction Corp. (“BAYVIEW”), Case No. 4D12-3081 (Fla. 4th DCA September 25, 2013), Senior Appellate Counsel Shirley Jean McEachern, was successful in defending against JOMAR’s appeal from a Final Summary Judgment in favor of the firm’s client BAYVIEW with respect to JOMAR’s […]