LITIGATION DEPARTMENTS
For the past thirty (30) years, Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A. has maintained a multi-discipline insurance defense practice. Our attorneys have a broad range of experience in all types of insurance matters and possess trial experience at every level of the Florida court system, state, federal and the appellate courts. Matters handled by our firm range from highly complex and protracted multi-party litigation to routine liability matters. In order to provide the most cost-effective and highest quality legal representation to our clients, Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A. is organized into litigation departments comprised of attorneys with demonstrated experience and commitment to specific areas of insurance law.
ARSON AND FRAUD CLAIMS
An emphasis on the representation of insurers in claims involving arson and/or fraud has resulted in a state-of-the-art reputation for our firm. Our attorneys are prominent litigators, authors and lecturers in these fields. Before any suit is filed, we are committed to providing our clients with the economic benefits of early investigation and analysis and a specialized knowledge of both commercial and residential claims. Through such early participation, the client enjoys the benefit of assistance in selecting experts and identifying the best forums for resolution of disputes and expense savings, wherever feasible.
CASUALTY AND GENERAL LIABILITY
Attorneys in our firm’s Casualty and General Liability Department are experienced in defending a wide variety of lawsuits, ranging from personal injury claims to complex construction and commercial matters. Our Casualty and General Liability Department attorneys have significant trial experience representing individuals, corporations and self-insureds in cases involving personal injury and property damage arising out of automobile, truck and boating accidents. The firm’s attorneys specializing in motor vehicle liability cases also regularly defend carriers against first party claims for uninsured motorist and personal injury protection benefits.
CATASTROPHE LOSSES
Our firm has a variety of experience in assisting clients with catastrophe claims arising out of hurricanes, flood, wildfires and hailstorms. The special needs and demands of property damage insurers with respect to the quick resolution and prompt payment of amounts due are well known to our attorneys. We are well equipped to advise on a range of issues from complex and sensitive litigation to interpretation in policy coverage disputes, policy drafting, claims assessment and also statutory and regulatory compliance issues involving hurricanes, tornados, hailstorms and flood. We have also participated in a variety of alternative dispute resolution mechanisms associated with catastrophe claims in an effort to achieve a more efficient forum for dealing with a volume of claims.
DEFECTIVE CONSTRUCTION INCLUDING FIRST AND THIRD PARTY LITIGATION
In litigating the complex issues of insurance coverage, causation and indemnity, defective construction, “Chinese drywall” and collapse claim litigation throughout the United States, Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A. continues to assist its insurance clients in the analysis and litigation of progressive loss, trigger and loss control issues. Our firm has participated in various national programs aimed at generating new and viable solutions to the questions presented by the proliferation of defective construction and collapse claim litigation. We have also developed particular knowledge in sinkhole, subsidence and earth movement claims.
BAD FAITH AND EXTRA CONTRACTUAL DAMAGES
Increasingly, the standards for measurement of the conduct of an insurer evolve, thereby necessitating diligent efforts by insurers and their attorneys to avoid or at least reduce any awards of extra-contractual damages. Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A. handles all types of bad faith claims on behalf of its insurance clients under first and third party policies. In these cases, claimants seek extra-contractual damages in excess of the amounts payable pursuant to the policy itself, which damages often include punitive elements. The courts are constantly changing the parameters of permissible insurer conduct and the time frame within which such issues may be litigated.
ALTERNATIVE DISPUTE RESOLUTION AND INSURANCE CONSULTATION
Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A. is experienced in advising and counseling clients about insurance policy and coverage issues in order to avoid disputes and prevent lawsuits. Many of our partners are certified mediators.
Our insurance consultation services are designed to assist clients before a problem develops. Our attorneys are experienced in advising client on all aspects of coverage analysis, claims analysis, claims reporting and insurance archeology.
INSURANCE COVERAGE ISSUES
As an established insurance defense organization, Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, P.A. has successfully initiated and defended declaratory judgment actions on behalf of our clients in a variety of factual scenarios. In this era of increasing emphasis on prompt investigation and resolution of coverage issues, clients need their legal representatives to advise them regarding coverage issues in order to avoid appearances of impropriety or purported bad faith in first and third party disputes.
SUBROGATION
Subrogation in property insurance matters can be an extremely viable means of indemnification to the insurance industry for monies paid to insureds where damages are caused by another party. Our firm has handled a number of major subrogation matters resulting in substantial recoveries for our clients. We have developed several alternative methods of compensation to our firm for handling subrogation matters, ranging from a straight contingency fee to hybrid arrangements involving combinations of lower hourly rates with lower percentages of recovery. We have found from experience that early evaluation of subrogation cases and aggressive handling by our attorneys working with claims representatives often result in maximizing recoveries of our clients. Alternative dispute resolution mechanisms, such as mediation, are also successful tools in concluding subrogation matters.
