Since the firm’s creation in 1980 by Brian C. Powers, our practice areas have steadily expanded to meet our clients’ changing needs. Among our areas of practice are:

•  Arson •  Fraud Investigation and Defense •  Examinations Under Oath •  Insurance Coverage Questions •  Catastrophe Claims •  Appraisal and Arbitration •  General Liability Litigation •  Insurance Bad Faith

•  Construction Litigation •  Environmental Claims •  Appeals •  Subrogation •  Inland Marine, Cargo and Transportation Coverage and Litigation •  Commercial Litigation •  Business Counseling

ARSON

Defending against arson claims for insurers both before and during litigation. This includes coordinating and building cause and origin investigations, designing and directing financial investigations into motivation and fraud, developing circumstantial evidence connecting the insured to the incendiary fire, and taking statements and examinations under oath. Some of the firm's accomplishments include:

• Defending against a multimillion dollar insurance claim resulting from an arson fire at a large facility which fabricated building products. This litigation in Broward County, Florida circuit court resulted in a verdict for the insurance carrier and zero recovery for the insured. (Consolidated Business Products vs. Aries Insurance Company)
• Successfully defending against a homeowner fire claim made by an attorney who had a number of other suspicious fires in properties that he owned. This federal court case resulted in a zero verdict for the insurance carrier. (Graham vs. Allstate Insurance Company)
• Obtaining a zero verdict on an arson defense to a lawsuit in which the insured claimed that the fire was set by drug dealers seeking revenge on his son. (Higginbotham v. Reliance Insurance Company)
• Successfully defending against a large homeowner claim resulting from an arson fire where the insured claimed he was in another part of the state when the fire was started. Comprehensive discovery forced the insured to admit that the unburned pictures of his personal property which he presented at the trial had been buried in the backyard for safekeeping prior to the fire. We also obtained a zero verdict on a fraud defense in a subsequent claim filed by the same insured a few years later for the loss of his boat. (Maravic vs. Allstate Insurance Company)
• Obtaining a zero verdict on an arson defense to a large insurance claim arising from an intentionally set fire at a supermarket. The inventory of the market had been inexplicably depleted in the week before the fire. (Portofino vs. Casualty Indemnity Exchange)
• Obtaining zero verdicts in other cases alleging arson defenses to claims involving manufacturing plants, restaurants, supermarkets, other types of businesses, and homeowner claims.

Defending against fraudulent claims both before and during litigation. This includes designing and directing detailed investigations, conducting examinations under oath, securing and evaluating financial data and supporting documentation, taking statements, and continuing investigation through pre-trial discovery. Cases we have handled include:

• Successfully asserting an insurance fraud defense to a half million dollar theft claim at a “knock-off” perfume manufacturing plant. This litigation in federal court in Dade County resulted in a verdict for the insurance carrier and zero recovery for the insured. (Perfume Warehouse Incorporated vs. American Reliance Insurance Company)
• Obtaining a directed verdict for the insurance carrier at the close of the insured’s case based on misrepresentation and concealment of prior losses in the application. This case eventually led to an appellate decision awarding attorney’s fees to the carrier. (Marrone vs. State Farm Fire and Casualty Co.)
• Obtaining a zero verdict based on a fraud defense in a homeowner claim in which we proved the insureds lied about the source and amount of their income and where they had purchased the allegedly stolen property. (Rossi vs. State Farm Fire and Casualty Company)
• Successfully asserting a fraud defense to a large theft claim where the insured had submitted falsified invoices in support of the claim. This resulted in a zero verdict for the insurer. (Trapani vs. State Farm Fire and Casualty Company)
• Obtaining a zero verdict for the insurer on a fraud defense to a lawsuit where the insured claimed a large theft was the result of a business associate “recouping” some of his losses on a deal gone sour. The jury was convinced no theft actually occurred. (Ladoux vs. State Farm Fire and Casualty Company)
• Successfully proving fraud defenses in various types of claims and circumstances including exaggeration of the claim, misrepresentation in the application, concealment and misrepresentation of material facts in the investigation.

Conducting comprehensive examinations under oath in claims involving arson, fraud, and coverage questions.

• Our experience is that a large amount of suspicious or fraudulent claims are withdrawn or abandoned when an insurance carrier conducts a comprehensive examination under oath and performs a vigorous investigation. Many times simply notifying the insured of the demand for production of records and examination under oath causes the claim to be abandoned.

Investigating, evaluating, and litigating coverage questions in property and casualty insurance policies. Some of our cases include:

• Successfully defending a carrier against a $250,000 business interruption claim on the basis of failure to comply with policy conditions including production of documents and proofs of loss. (M & W Recreation vs. Northbrook Property and Casualty Insurance Company)
• Obtaining a summary judgment for the insurer on a half million dollar claim seeking recovery for breakdown of a printing press. The insured alleged the breakdown was due to sabotage by an employee, but the insurer proved it was due to mechanical defect. (Graphic Reproductions vs. Northbrook Property and Casualty Insurance Company)
• Obtaining a summary judgment for the insurer in a large theft claim where the insured alleged the loss occurred from a newly acquired location. The court found that the location was not “new”, and the loss was not covered. (WH Trading vs. Allstate Insurance Company)
• Pursuing a declaratory judgment action for an insurance carrier seeking a court declaration on the duty to defend and indemnify an insured in a lawsuit seeking major damages predicated on allegations of sexual abuse.
• Representing insurance carriers in declaratory actions on a variety of liability and property coverage defenses in both commercial and personal lines policies.

Coordinating and handling catastrophe claims and advising clients on claims handling procedures and coverage issues. Our experience in representing numerous carriers after Hurricane Andrew in South Florida has given us a wealth of information, experience, and savvy in dealing with and handling catastrophe claims, and uniquely qualifies us to advise insurance carriers on catastrophe claims issues. The matters we were involved in included:

• Coverage questions, business interruption and additional living expense claims, unfair claims handling practices, dealings with the Department of Insurance, mediation mandated by the Department of Insurance, appraisals, subrogation for improper construction, pre and post hurricane cancellations of policies, estoppel due to prior payments, waiver of claims and defenses, foreclosures and their effects on coverage for the insured and the mortgagee, condominium claims and the application of Florida’s often changing condominium law, agent errors and omissions claims, unlicensed adjusters and public adjusters.
• Handling hundreds of fraud investigations of questionable claims including examinations under oath and opinions on coverage. We also worked closely with the Department of Insurance Division of Insurance Fraud on prosecutions of insureds.
• Securing repayment agreements in matters where the insurer had overpaid claims or where the insured had been too “creative” in his or her claim submission. Many of the repayment agreements were in excess of $100,000.
• Investigating and handling many “supplemental” claims allegedly resulting from hurricane damage. Many of these claims include fraud investigations and appraisals. Many others involve “assignments” of policy proceeds and claims by insureds to subsequent purchasers of the insured property.
• Immediately after the hurricane we published a special edition of our newsletter Briefly Speaking which provided an analysis of the issues of law our clients were likely to encounter in their hurricane claims. We also provided an attorney on call outside of regular business hours to answers adjusters questions on coverage issues.

Investigating, demanding, coordinating, handling and litigating appraisals and arbitrations. We have experience with the following matters in this area:

• Securing summary judgment upholding an appraisal award which an insured attacked on grounds of procedural irregularities.
• Compelling appraisal in actions where the insured has filed a breach of contract suit.
• Staying litigation pending the outcome of appraisal procedures.
• Removal of appraisers and umpires on grounds of prejudice and bias.

This includes litigation of premises liability, automobile liability, products liability, fraud or misrepresentation, and other matters giving rise to liability suits for personal injury or property damage. Some of our cases include:

• Successfully defending a marina operator in an admiralty action alleging bailment and breach of warranty of workmanlike performance seeking over $750,000 in damages resulting from a yacht which sank twice at the marina in a six month span. We obtained a defense verdict. (Meadlock vs. M & J Development)
• Successfully defending an elderly woman homeowner from an $800,000 liability action alleging that the plaintiff’s hand had been crushed and rendered useless by our client's negligence. We obtained a defense verdict. (Chusid vs. Buckland)
• Successfully defending a teenage boy in an action alleging sexual abuse resulting in severe psychological injury. The plaintiff asked the jury to award damages over $2,000,000. The jury’s verdict against the boy was $25,000. (Sykes vs. Doucette)

This includes all litigation involving an insurer’s good faith obligations to its insureds in first and third party claims. We have successfully handled numerous significant bad faith cases with favorable results to our insurance clients including:

• Obtaining a directed verdict on claims of unfair claims handling in a coverage suit seeking damages for business interruption. (M & W Recreation vs. Northbrook Property and Casualty Company)
• Allegations of improper claims handling in arson, fraud, and other coverage cases.
• Lawsuits by insureds alleging a failure to settle liability claims within policy limits.
• Abating bad faith actions in first party lawsuits pending resolution of the coverage issues.

We represent contractors and property owners in lawsuits involving construction defects, general liability, liens, and other construction related matters. Some cases we have handled include:

• Representing a condominium association in a construction defects case against the contractor based on defects which became apparent after Hurricane Andrew.
• Representing a general contractor in a multimillion dollar lawsuit brought by a school board alleging negligence and breach of contract for damages occurring to the project during construction.
• Defending a masonry contractor from allegations of breach of contract and faulty workmanship in an action for damages involving a “sick” county courthouse.
• Representing a homeowner against a general contractor in a lawsuit alleging breach of a contract to perform hurricane repairs in a proper manner.
• Defending a design builder in litigation alleging improper roof repairs and improper construction of cricket walls.

This includes coverage questions regarding pollution related exclusions as well as liability actions concerning “sick buildings” and other pollution issues. Cases we have handled include:

• Defending a contractor in litigation alleging that negligent construction resulted in environmental contamination to a school building.
• Representing an insurance carrier on a claim presented by a church for complete renovation of the interior of the structure and re-engineering of the air conditioning system due to growth of molds and mildew.
• Defending a pest control contractor in litigation alleging toxic contamination of a home resulting in serious injury to children living there.
• Representing an insurance carrier on a claim alleging environmental contamination of a home resulting from damage to the structure caused by Hurricane Andrew.
• Representing an insurance carrier in a declaratory judgment action seeking a coverage determination on an absolute pollution exclusion in a contractor's liability policy.
• Defending contractors and insurance carriers in liability actions and declaratory actions involving "sick buildings"

We typically handle appeals on cases litigated by us. We have successfully appealed several significant issues in insurance law including:

• Persuading the appellate court to rule that an insurer is absolutely entitled to an examination under oath in a fire loss claim, and that an insured is not entitled to the insurer’s cause and origin report prior to submitting to the examination. (American Reliance Insurance Co. vs. Riggins)
• Establishing in the appellate court that an insurance carrier can reject a demand for appraisal when it has asserted a fraud or other defense to coverage, even if the insured is disputing the coverage defense. This eliminated the thorny problem of the insured being able to conclusively establish the amount of damages by appraisal prior to presentation of the fraud defense to a jury, when the exaggeration of the claim was the crux of the fraud defense. (Wingate vs. State Farm Fire and Casualty Co.)

We handle large subrogation claims for carriers involving fire, product liability, construction defects, insurer pro rata contribution, and other matters.

This includes coverage issues and litigation over jewelry and equipment floaters, jeweler’s block policies, and representation of overland carriers and moving companies. We have handled cases involving:

• The alleged theft of heavy equipment from construction sites.
• Off premises theft of large amounts of jewelry from salesmen.
• Theft or disappearance of scheduled jewelry.
• Representation of movers and storage companies in claims by bailors for loss or damage to property.

This includes all types of civil litigation involving individuals or businesses in a commercial context including breach of contract, bailment, civil theft, and defamation.

We represent a variety of businesses and routinely counsel them on general business matters and legal concerns.