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Let’s face the FACTS, as discussed previously Superior Court Rule 9A is as confusing to most attorneys as it would be to non-attorneys. Sometimes this statute can feel like trying to decipher the map to the Holy Grail—so get out your Indiana Jones hat and whip and let’s get cracking.   First and foremost, realize […]

Pursuant to the Personal Lines Bulletin from Citizens on December 6, 2022, beginning February 2023, a new form of alternative dispute resolution was implemented by Citizens Property Insurance Corporation. It is a means to avoid lengthy litigation in favor of an expedited track for resolution. Utilizing the State of Florida Division of Administrative Hearings (DOAH), […]

For many years courts have been burdened with delays in moving cases to conclusion, primarily because attorneys were not diligent in preparing cases for trial, resulting in attorneys requesting continuances to obtain additional time to prepare for trial. One of the reasons for delays arose from the discovery process. Attorneys would delay in propounding or […]

FOR IMMEDIATE RELEASE   November 11, 2024 – (West Palm Beach, FL) —- Derrevere Stevens Black & Cozad (“DSB&C”), a multi-state law firm based in Florida, is excited to announce the launch of its new Mediation Practice Group. Given our firm’s established excellence and commitment to innovative legal solutions, the introduction of a Mediation Practice […]

It is no secret that the Florida insurance saga has produced a considerable number of lawsuits in the past few years. Official data shows that at the peak of the homeowners’ insurance crisis, Florida had 79% of the entire country’s total homeowner insurance lawsuits. As a result, Florida cultivated a large class of attorneys with […]

As post-judgement collection varies state-by-state, knowing how and when you can collect in your state is paramount. This post will tackle post-judgments in Massachusetts. Judgments in Massachusetts are valid for twenty (20) years from the date of issuance. At the end of the 20-year period, there is a presumption that the debt has been satisfied. […]

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 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 […]

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 […]

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 […]

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? Learn more about the relationship of AI technology and law from the experts at DSB&C.

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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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.

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

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.

  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 […]

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 […]

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.

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.

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.

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

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

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.

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

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.

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

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!

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.   […]

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 […]

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 […]

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 […]

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.

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 […]

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.

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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, […]

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 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 […]

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 […]

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 […]