Kelley Kronenberg - In the Know - General Liability Edition - Q4 2024

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Q 4 2024

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GENERAL LIABILITY EDITION

EDITOR’S LETTER

WELCOME Dear Valued Clients and Partners, The latest edition of “In the Know: General Liability Edition” arrives at a moment when Florida’s legal terrain is undergoing seismic shifts. These changes will touch every corner of how claims move through the Florida judicial system – from initial mandatory discovery, a new duty to supplement discovery responses, to expedited trial dates with little room for continuances.

I urge you, whether you handle general liability, transportation, construction defect, professional liability, property claims, or PIP, to read Kaitlin Coyle’s article, “No More Extensions? Florida’s New Civil Rules Mean Business,” found in this issue. These changes will fundamentally upend how litigation unfolds in Florida’s courts and may also impact the number of Florida matters a claim professional can handle at a time. It will certainly impact the number of matters an attorney can handle at a time, and Kelley Kronenberg has been working to get ahead of this by hiring attorneys in advance of new work coming in, to ensure we are able to keep case counts low and proactively manage litigation.

Changes that transcend boundaries are nothing new to claims professionals and defense counsel – which is precisely why one of the most powerful aspects of Kelley Kronenberg is our approach to multi-jurisdictional challenges. What sets Kelley Kronenberg apart isn’t just our reach – it’s the ability to collaborate and weave together knowledge and experience from our nineteen offices across the country to tackle every one of your legal challenges. Look no further than our featured article, “Navigating the Dashboard Camera Revolution,” where the combined litigation expertise of our attorneys from Florida, New York, Louisiana, and Texas creates a comprehensive roadmap that bridges state-specific requirements while highlighting universal strategies. This mirrors how we approach every case: drawing on collective knowledge while respecting local intricacies.

This borderless approach to our defense strategy mirrors the firm’s physical growth, as we continue to expand our reach while deepening our roots. Our New York presence has flourished beyond expectations, adding multiple attorneys and marking this growth with the relocation of the New York City office to a new, larger space in the heart of the Financial District. Texas and Massachusetts have also welcomed fresh perspectives and sharp minds to their ranks. This growth particularly energizes our trucking industry practice, where we’ve built a powerhouse team spanning New York, New Jersey, Louisiana, and Texas – each member bringing battle-tested experience to your transportation matters.

Sometimes, it’s the behind-the-scenes moments that truly reveal a firm’s character. In this issue’s, “Behind the Briefcase,” you’ll read about Justin England, whose recent actions speak volumes. When our Texas office inherited a complex case with dual 72-hour deadlines – an appeal window closing and a policy limits demand hanging in the balance – Justin quietly cancelled his cruise vacation. Without fanfare or hesitation, he and his team delivered both the appeal and the demand response on time.

This kind of steadfast dedication only came to light after the fact, and it’s just one example of how our team shows up for you when it matters most.

Don’t miss our other compelling reads, from strategies for combating fraudulent trucking claims to an analysis of snow-related accident coverage. And yes, you’ll spot some familiar faces in the New Year 2025 celebration photos – though the party hats are now tucked away, and we’re fully focused on defending your claims.

The practice of law never stands still, and neither do we. Your trust drives us to push boundaries and find creative solutions to your most pressing challenges. Thank you for choosing Kelley Kronenberg as your partner in navigating what lies ahead.

Warm regards,

David Henry Chair, General Liability and Transportation Division

TABLE OF

CONTENTS No More Extensions? Florida’s New Civil Rules Mean Business . . . . . . . . . . . . . . . . . 4 - 7 Caught in the Act: How Dash Cams Are Turning the Tables on Insurance Fraudsters . . . 8 - 12 Risk Transfer in New York Labor Law: Strategic Considerations After Tender Acceptance. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 15 Stopping the Staged: A Claims Professional’s Guide to Fighting Trucking Fraud . . . . . . 16 - 18 Let It Snow, Let It Snow, Let It Snow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 20 Navigating Chapter 72: Protection for Transportation Companies in Commercial Vehicle Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 22 Behind the Briefcase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Notable Case Wins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 - 25 Meet the Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 - 36 Awards and Accolades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Kelley Kronenberg Out & About . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 - 39 Firm Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 - 41

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No More Extensions?

Florida’s New Civil Rules Mean Business

proactive, responsive, and up to speed on the rule changes is key to ensuring a smooth adjustment period. While these changes may seem overwhelming at first, they don’t have to be. In this article, we’ll break down a few of these critical changes and provide practical strategies to help you adapt your claims handling to meet these new demands.

A BRIEF HISTORY

By: Kaitlin Coyle, Esq. Adjusters and claims professionals, beware!

Just when you thought you had a handle on Florida’s laws, the rules have changed again. In the wake of the unprecedented influx of cases, the Florida Supreme Court continues its efforts to reduce judiciary caseloads, streamline cases for trial, enhance judicial efficiency, and encourage early case resolution. This is no surprise, as many litigators and claims professionals across the state have already experienced firsthand the court’s unwillingness to continue cases or extend trial deadlines. Beginning January 1, 2025, enforcement of deadlines and trial orders will be even stricter than before!

These rules are going to actively impact how claims move through the court system, with a focus on faster case resolution, stricter deadlines, and increased cooperation between parties to prepare cases for trial.

Adapting to the new rules will require speed, efficiency, and collaboration between attorneys and claims professionals.

Ensuring you retain an attorney that is

While it’s hard to believe the COVID-19 pandemic occurred nearly five years ago, many courts continue to feel the profound effect the pandemic has had on the justice system and litigants.1 Since COVID, the Florida Supreme Court has implemented numerous Administrative Orders aimed at reducing what is known as the COVID “backlog.”

Many of these Administrative Orders aim to streamline the court’s case management system requiring judges to “actively manage” their cases, issue case management orders, and “apply a firm continuance policy allowing continuances only for good cause shown.”2 While the court’s administrative orders and “aggressive case management” approach resulted in “quite a dramatic reduction”3 in cases; the influx of cases again exploded in March 2023, in anticipation of Florida’s sweeping tort reform.4 Roughly 280,122 new cases were filed in Florida in the weeks leading up to the implementation of House Bill 837 also known as Florida’s Comprehensive Tort Reform, which went into effect on March 24, 2023.5

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GAME-CHANGING CASE MANAGEMENT RULES: WHAT ADJUSTERS NEED TO KNOW

quick decisions when your defense counsel calls.

The new Rule 1.200 marks a dramatic shift in how Florida courts will handle your cases. Gone are the days of flexible case management - we’re now looking at a strict, streamlined approach that will demand faster action from claims professionals.

TRIAL SETTINGS: A MAJOR SHIFT

NEW CASE MANAGEMENT SYSTEM Think of this as a fast-track sorting system.

Every case will be assigned to one of three tracks within the first 120 days: Complex, General, or Streamlined. For General and Streamlined cases, the court will immediately set firm deadlines for everything from serving complaints to completing mediation.

What makes this particularly challenging for adjusters is that these deadlines must and will be strictly enforced. While you can request extensions, they can’t interfere with other deadlines in the case - meaning you’ll need to plan your claims investigation and decision-making process more strategically and quicker than ever before.

CASE MANAGEMENT CONFERENCES: A NEW CHALLENGE Here’s where things get interesting: courts can hold case management conferences at any time, and in fact are encouraged to hold them. The kicker? They can decide to hear any pending motion during these conferences (except for Summary Judgment or evidentiary matters), even if it wasn’t necessarily on the agenda. For adjusters, this means you’ll need to stay current on all aspects of your cases and be ready to make 6 | IN THE

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Under the revised Rule 1.440, cases no longer have to be “at issue” and the pleadings no longer have to be closed before a trial date is ordered. This means you might get a trial date much earlier than you’re used to, requiring faster preparation and earlier settlement evaluations. Don’t be surprised if you receive a Compliant with a firm Trial Order attached, just ensure you retain counsel as soon as possible to begin strategizing.

CONTINUANCES: ALMOST A THING OF THE PAST Perhaps the most significant change comes with Rule 1.460. The message is clear: trial continuances are now strongly disfavored. To get one, you’ll need: • • •

A promptly filed written motion; An affidavit showing good cause; and A factual finding from the court.

Even if granted, the court must set the new trial for “the earliest date practicable” and specify exactly what further activity will be allowed. Gone are the days of easy extensions - trials are going forward, ready or not.

WHAT THIS MEANS FOR YOUR DAILY CLAIMS HANDLING These changes require a complete rethink of traditional claims handling. To ensure you’re You’ll need to:

• • • • • •

Make coverage determinations quickly; Begin investigations sooner; Secure experts earlier; Set accurate reserves promptly accounting for accelerated litigation; Consider settlement positions sooner; and Stay in frequent contact with defense counsel.

PRACTICAL IMPACT AND NOTEWORTHY TIPS Have a Plan at the Forefront: From the moment a claim is received, it is imperative to develop a game plan from inception.

Determine if the claim should be litigated or settled from the start. If the claim should be litigated, prepare for trial early, identify all the tasks that need to occur, and keep your team on track to avoid any unnecessary delays.

If the claim should be settled, identify the information needed to conduct meaningful settlement discussions and set mediation early.

Be Proactive Pre-suit: Maximize the time you have to investigate and obtain as much information as you can pre-suit. Determining the facts and players early will maximize efficiency and ensure you are prepared from the case’s inception.

Retain an Attorney Early: Do not wait to retain an attorney. If it’s a large claim or anticipated the claim will go into litigation, retain trial counsel immediately. Retaining an attorney early will maximize efficiency, help determine risk and allow for a comprehensive review before court deadlines arise.

Set Mediation: Do not wait until the last minute to set mediation. Every trial order requires the parties to mediate and/or participate in alternative dispute resolution before trial. Identify a mediator early on and schedule mediation. Setting mediation quickly forces the parties to work together and obtain all the necessary information early on to ensure mediation is fruitful.

Retain an Expert Immediately: The days of waiting to retain an expert to save on costs are over. Claims professionals and attorneys must identify necessary experts at the forefront and set inspections and examinations early to ensure compliance with court deadlines. Under the new rules, continuances are disfavored and compliance with deadlines is mandatory, waiting too long to retain an expert may result in not having one at all when it comes time for trial.

This dramatic shift in case management requires adjusters to be more proactive and make faster decisions. The days of “we’ll deal with that later” are over - these new rules demand immediate attention and quick action on every file. Adapting to these changes will require speed, efficiency, and close collaboration between attorneys and claims professionals. As you prepare for this new era in claims handling, I’m here to help guide you through these significant changes. Contact me or my colleagues at Kelley Kronenberg for assistance in navigating this challenging new environment.

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Caught in the Act: How Dash Cams Are Turning the Tables on Insurance Fraudsters A Multi-State Battle Against Fraud

Kelley Kronenberg’s insurance defense practice spans the diverse regulatory landscapes of Florida, Louisiana, New Jersey, New York, and Texas, giving us a unique perspective on auto insurance fraud trends across multiple jurisdictions. While each state maintains its own distinct legal framework for addressing insurance fraud, our attorneys have observed a consistent and troubling rise in sophisticated fraud schemes across all territories. Drawing from our extensive experience in these jurisdictions, we’ve compiled insights from our attorneys who are on the frontlines of defending against fraudulent claims.

THE BILLION-DOLLAR BURDEN

By: Nimra Salehjee, Esq., Scott Kagan, Esq., Justin England, Esq., and Michael Roos, Esq.

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As you encounter daily in your work, insurance fraud continues to be one of the industry’s most costly challenges, with the Coalition Against Insurance Fraud reporting

annual losses exceeding $308 billion across all lines of insurance. Auto insurance fraud alone accounts for $29 billion in losses annually, translating to approximately $400 to $700 in additional premium costs per household. Your role in detecting and preventing these fraudulent claims is more critical than ever.

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RIPPLE EFFECTS: WHEN FRAUD HITS THE MARKET The financial impact reverberates throughout the entire claims ecosystem. When fraud goes undetected, it creates a cascade effect: claims ratios deteriorate, leading to premium increases, which in turn can cause policy cancellations and non-renewals. In states with high fraud rates, we’re seeing carriers restrict coverage options or withdraw from markets entirely. For example, in Florida, six major insurers have either limited their operations or exited the market in the past year, citing fraudulent claims as a primary factor.

Detecting insurance fraud is often challenging because fraudsters are becoming increasingly sophisticated in their methods. They may fabricate documents, stage accidents, or use elaborate schemes to make their claims appear legitimate. Many fraudulent activities are carefully planned to exploit minor loopholes or gray areas in the insurance process, making them hard to spot without in-depth investigation. Additionally, fraudsters often have a good understanding of insurance policies and claims procedures, allowing them to avoid obvious red flags.

For insurers, identifying fraud can be further complicated by the sheer volume of claims

they process, the varying complexity of individual cases, and the constant pressure to settle claims quickly. This combination of ingenuity, subtlety, and volume makes it incredibly difficult for insurers to catch fraud early, and it often requires advanced data analytics, pattern recognition, and collaboration with law enforcement to uncover fraudulent activity.

THE MODERN FRAUDSTER’S PLAYBOOK The sophistication of modern fraud schemes presents unique challenges for adjusters.

We’re seeing an increase in organized fraud rings that coordinate staged accidents, medical billing fraud, and document falsification. These groups often employ industry insiders and exploit legitimate claims procedures. Key red flags to watch for include: • • • • •

Rapid attorney representation before medical documentation Identical medical billing patterns across unrelated claims Multiple claims filed just under carrier investigation thresholds Suspiciously detailed accident descriptions that seem rehearsed Medical treatment that doesn’t align with reported accident severity

CAUGHT ON CAMERA: A CASE STUDY IN FRAUD DETECTION Recently in New York, was when a Brooklyn man faced multiple charges for allegedly staging a car crash as part of an insurance fraud scheme. On October 16, 2024, Asphia Natasha was driving in the left lane on Belt IN THE

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Parkway when, without warning, driver of a Honda Civic, Maikel Martinez, cut in front of her and almost immediately came to a stop.

Natasha was forced to slam on the breaks, stopping around 10-20 feet short of the civic.

Martinez then put his car into the reverse and slammed in Natasha’s vehicle.

The entire incident was captured on Natasha’s dash cam and quickly went viral on the social media platform, TikTok, receiving millions of views. Martinez was arraigned on charges including staging a motor vehicle accident, criminal mischief, reckless endangerment, conspiracy, and insurance fraud. If convicted, Maikel faces up to seven years in prison.

THE DASH CAM REVOLUTION With technology evolving more than ever, the rise of dash cams has transformed the fight against insurance fraud, providing clear, realtime evidence that helps insurers separate fact from fiction. The evolution of dash cams has revolutionized the way insurance fraud is detected, offering a powerful tool for both insurers and policyholders. Once a luxury item, dash cams have now become more affordable and accessible, allowing drivers to easily record footage of their trips.

These small, high-definition cameras provide clear, real-time evidence in the event of an accident, offering an irrefutable account of what happened. This has been especially beneficial in cases of staged accidents or fraudulent claims, where one party might try to manipulate the story to their advantage.

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attention to key details like sudden, unexplained braking, orchestrated blocking maneuvers, or suspicious interactions between vehicles can reveal patterns typical of staged accidents. The timestamp, weather conditions, and multiple camera angles, when available, can provide crucial context for evaluating the legitimacy of claims.

LEGAL CONSIDERATIONS AND EVIDENCE PRESERVATION The use of dash cam footage has become widely acceptable and normal in both commercial and individual settings. In many states there are few if any limitations on their use. For example, in Louisiana and Texas the only statutory limitation under the Transportation Code on the use of a device is that drivers are not allowed to attach an object to their windshield, side window or rear window that reduces or obstructs the driver’s clear view. This is a very easy burden to overcome as most dash cams are small and do not obstruct much if anything.

Dash cam footage is, for obvious reasons, commonly relevant, discoverable and admissible. Because of this in Texas and other jurisdictions, parties must be sure to preserve their dash cam footage (this is not a requirement in Louisiana). While transportation companies are keenly aware of the standard for preserving evidence in Texas and other states, individual drivers, on the other hand, need to be aware of such standard which is as follows: the duty to preserve dash cam evidence is triggered if a party knows or reasonably should have known that a claim will be filed, and the

evidence is relevant and material. A party knows or reasonably should have known that there is substantial chance that a claim will be filed if a reasonable person would conclude from the severity of the incident, and other circumstances, that there was a substantial chance of litigation. While many personal dash cams only have enough memory for a few days, drivers should be aware that while the evidentiary benefits may prove exculpatory, failure to preserve such evidence may also – albeit in limited circumstances – lead to spoliation arguments and negative presumptions of fact against the driver if they do not comply with the preservation standard.

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For claims professionals, this means taking prompt action to secure dash cam evidence when reported. Issuing timely preservation notices and following up within 48-72 hours can be crucial to preventing the loss of valuable evidence due to limited memory capacity in personal dash cams.

WEIGHING THE TECH TRADE-OFFS While dash cams have proven to be a valuable tool in preventing fraud, they are not without their drawbacks. Concerns about privacy, the upfront cost of installation, ongoing maintenance, and the potential for continued blind spots in coverage can deter some from adopting the technology.

Nevertheless, the pros of possessing this technology clearly outweigh the cons. With dash cam footage, insurers can quickly verify details, ensuring that claims are legitimate and help to prevent fraudulent payouts.

Furthermore, the widespread use of dash cams has led to a decrease in “he said, she said” scenarios, reducing the opportunities for false claims and providing both a deterrent and a tool for more accurate claims resolution.

As a result, dash cams have significantly improved the transparency and efficiency of the claims process, ultimately saving insurers and consumers alike from the financial and emotional toll of fraud.

LOOKING AHEAD: THE FUTURE OF FRAUD PREVENTION In sum, insurance fraud poses a significant and costly challenge to both the economy and the integrity of the insurance industry. The financial burden of fraudulent claims is passed on to consumers, inflating premiums and straining resources, while also complicating the claims process for insurers. As fraudsters become more sophisticated in their tactics, detecting and preventing such schemes requires increasingly advanced tools and methods. Dash cams, however, have emerged as a powerful weapon in this fight, providing clear and indisputable evidence that helps insurers swiftly identify legitimate claims and uncover fraudulent activities. By reducing ambiguity and providing an objective account of events, dash cams play a crucial role in increasing transparency, preventing fraud, and ultimately protecting honest consumers from the hidden costs of fraud. As more drivers embrace this technology, the insurance industry is better equipped to combat fraud, improving both the efficiency of claims processing and the overall trust in the system.

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PARTNER WITH US IN THE FIGHT AGAINST FRAUD Our multi-state presence and deep experience in insurance defense positions us uniquely to support your fraud prevention efforts. Whether you need early claims monitoring, thorough investigations, or aggressive trial representation, our attorneys across New York, New Jersey, Florida, Louisiana, and Texas stand ready to protect your interests. We understand that each jurisdiction presents its own challenges, and our team brings both local insight and broad strategic perspective to every case. Let us help you stay ahead of emerging fraud trends and develop robust defense strategies.

Connect with our team today to discuss how we can support your fraud prevention and defense needs.

Risk Transfer in New York Labor Law: Strategic Considerations After Tender Acceptance By: Jessica Clark, Esq. and Dawn Miller, Esq.

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Under New York Labor Law (“NYLL”), owners, contractors, and their agents face liability based on their status, not necessarily their fault. This is particularly true for NYLL § 240, which imposes strict liability for gravityrelated accidents such as falls from heights or falling objects. When these claims arise, effective risk transfer becomes crucial for defense strategy, which is why experienced NYLL attorneys and claims examiners typically tender as early as possible to downstream contractors.

TWO PRIMARY RISK TRANSFER METHODS The first method is Additional Insured (AI) Coverage, which is based on endorsements in the subcontractor’s policy and read alongside insurance procurement obligations in written agreements. AI coverage is subject to priority of coverage analysis. In New York, the general rule follows horizontal exhaustion across different parties rather than moving up through a single party’s coverage tower.

Put simply, if a subcontractor’s commercial general liability (CGL) policy is exhausted, the next policy considered is typically the owner’s/general contractor’s CGL policy, rather than moving up to the subcontractor’s excess policy.

The second method is Contractual Indemnity, which allows defense and indemnity costs to be passed between parties through contract provisions. These indemnity obligations are assumed by the insured in a contract to which the insurer is not a party, creating indirect rather than directcoverage obligations.

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EVALUATING TENDER ACCEPTANCE When evaluating a tender acceptance, the tendering party must first ensure the acceptance is being issued on a primary and non-contributory basis without a reservation of rights. It’s crucial to determine whether the downstream contractor’s primary policy limits adequately cover the potential case value. If not, any excess carriers should be identified and tendered to if not already done.

In cases where full exposure is fairly ascertainable and appears to fall within the policy limits of a tender acceptance without a reservation of rights, it may be most cost-effective to discontinue the thirdparty action. However, such discontinuance should always be without prejudice to allow recommencement if needed, as case exposure can change over time.

WHEN TO MAINTAIN THIRD-PARTY ACTIONS If exposure is unknown or likely to exceed the policy limits of the tender acceptance, maintaining the third-party action is preferable. This allows tendering parties to pursue contractual indemnity claims against the subcontractor, potentially securing access to the subcontractor’s full coverage tower - in other words, achieving vertical rather than horizontal exhaustion of the subcontractor’s policies.

This scenario could arise when the subcontractor’s excess policies take a different coverage position than the primary policy regarding the tender. It may also occur when the downstream contractor fails to procure the amount of insurance required by contract or if the relevant contract doesn’t require excess insurance. For example, the subcontractor might only procure a primary policy but no excess insurance even though the contract required both.

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Maintaining a third-party action is particularly important in cases with a reservation of rights (ROR). Even though a tender acceptance under an ROR allows for choice of counsel (which should always be exercised), if the acceptance only extends to primary limits and case exposure may exceed those limits, the third-party action should be maintained. In order to secure priority of coverage, a successful summary judgment motion for contractual indemnity may be necessary.

KEY SCENARIOS REQUIRING ATTENTION A critical scenario warranting maintenance of a third-party action occurs when damages increase over the life of a case. Consider this example: A general contractor commences a third-party action against a plaintiff’s employer. The employer’s carrier accepts the tender without reservation up to the primary policy limits. The general contractor’s counsel agrees to transfer defense and discontinues the third-party action with prejudice. Several years later, the plaintiff requires additional medical treatment and remains out of work, increasing the case value well beyond the primary policy limits. Due to horizontal exhaustion, the general contractor’s primary CGL policy becomes responsible - not the employer’s excess policy. Because the third-party action was discontinued with prejudice, the contractual indemnification claim and related subrogation rights are no longer available.

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to the general contractor’s contractual indemnification rights against the others. Discontinuing claims against one subcontractor with prejudice can substantially prejudice other subcontractors’ subrogation rights.

BEST PRACTICES FOR ONGOING MANAGEMENT Even when a third-party action is discontinued without prejudice, having defense counsel chosen by the tendering party’s carrier continue to monitor the case can be valuable. This counsel can ensure the subcontractor’s carrier-chosen counsel acts in the tendering party’s best interests, including recommencing third-party actions if necessary and pursuing summary judgment on contractual indemnity claims when exposure increases.

Claims examiners should remain copied on reporting throughout the case to monitor potential exposure to their coverage layers.

This becomes particularly important when a primary carrier insures multiple parties in the lawsuit, as they may attempt to direct defense in a way that exposes only one coverage tower by implicating one insured and not the other.

LEGAL FRAMEWORK Third-party actions are not barred by New York’s anti-subrogation rule when there’s a possibility the insured may not indemnify the tendering party (for example, in the case of an ROR), or where excess exposure is possible. While the accepting insurer should bear third-party action costs, they

may resist doing so. However, successful summary judgment motions on contractual indemnity grounds typically result in cost reimbursement.

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CONCLUSION Receiving a tender acceptance marks an important first step but often requires additional strategic considerations to ensure adequate coverage. The careful use and maintenance of third-party actions remains essential for protecting the tendering party’s interests, particularly when seeking vertical exhaustion of a subcontractor’s policy.

Staying actively engaged in case monitoring

proves crucial for protecting all coverage layers, regardless of whether a third-party action is maintained.

At Kelley Kronenberg, we understand the complexities of risk transfer in New York Labor Law cases and are here to help you navigate these challenging waters. If you have questions about tender acceptances, thirdparty actions, or any other aspects of your Labor Law cases, please don’t hesitate to reach out to our team. We’re happy to review your specific situations and provide strategic guidance to help protect your interests.

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Stopping the Staged: A Claims Professional’s Guide to Fighting Trucking Fraud By: Michael Hill, Esq. It starts with a sudden brake check on I-95.

Within hours, multiple “witnesses” emerge, medical bills start mounting, and your trucking company faces a six-figure claim.

You’re reviewing the file and something about the accident just doesn’t add up.

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trucking accidents – where fraud meets opportunity, and vigilance becomes your best defense.

Kelley Kronenberg attorneys specialize in commercial trucking litigation. We have seen firsthand the impacts on the bottom line that fraudulent claims and staged accidents have on trucking companies and their insurers.

These schemes not only lead to financial losses but can also tarnish the reputation of the companies involved. To fight back, it is crucial for new claims adjusters to be knowledgeable about the basics when looking for signs of potential fraud.

WHAT IS A STAGED ACCIDENT? Staged accidents are typically deliberate collisions orchestrated to exploit trucking companies and their insurers. They are often concocted to avoid obvious detection.

Fraudulent accident schemes often involve multiple conspirators, including drivers, passengers, planted witnesses, and sometimes even medical professionals.

The goal is always the same: to obtain large settlements from the insurance company and get away undetected.

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RED FLAGS •

•

•

WHAT CAN A SAVVY CLAIMS PROFESSIONAL DO? Early recognition is key! Your first mission will be to complete a thorough investigation of the scene and vehicles involved to identify things like points of impact, skid marks, debris, and other physical evidence that can help reconstruct the events leading up to the collision. This can be done by hiring qualified investigators and expert witnesses, building the foundation of your defense before the case is built against you.

Getting experienced defense counsel involved early is crucial, as they can help secure critical evidence and handle evasive fraudsters who may try to obstruct the investigation.

Experienced defense counsel will know the evidence needed to adequately defend your claim, such as:

ESSENTIAL EVIDENCE TO PRESERVE •

Next, it is important to nail down statements from the parties and any witnesses. It is important to pay close attention to the statements provided by the parties involved.

Claims professionals should seek recorded statements whenever possible, securing a first-hand chronological retelling of the accident. Time erodes memories, so getting recorded statements early is important.

Keep in mind, multiple statements can result in multiple renditions; be sure to compare all the statements obtained to detect inconsistencies.

When investigating potential insurance fraud, both unusual behavior at the scene and medical treatment patterns can reveal deceptive claims. It is imperative that the investigation focus on the following:

Unusually eager attempts to settle quickly, suggesting an attempt to avoid thorough investigation Suspicious conduct at the accident scene that deviates from typical accident victim behavior Attempts to give insurance adjusters conflicting information or evade proper documentation

• • • •

Vehicle data recordings and physical evidence from involved vehicles Pre-crash cell phone records to verify distraction or coordination First responder documentation and dash camera footage Complete vehicle repair records and damage documentation Early scene photos and measurements before evidence disappears

MEDICAL RECORDS •

Treatment from known plaintiff-friendly doctors or clinics with questionable histories

•

Exaggerated pain complaints that don’t match injury mechanisms Prior similar complaints that weren’t initially disclosed

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• •

Inconsistencies between reported symptoms and objective medical findings Treatment patterns that suggest potential over-treatment or unnecessary procedures

Kelley Kronenberg can be an essential part of your investigation team. If you suspect fraud, we can assist in identifying the various available ways to collect the necessary

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evidence, statements, and records that may make all the difference in the end. By staying informed and vigilant, you can help ensure that legitimate claims are processed efficiently while fraudulent activities are identified and addressed promptly. Together, we can safeguard the integrity of the commercial trucking industry and protect it from those who seek to exploit it.

Let It Snow, BEHIND THE Let It Snow, Let It Snow By: Andrew Labbe, Esq. As we move into the winter season with thoughts of presents and holiday parties, home and business owners have something else to worry about: snow and ice. While it may be nice to look at, snow carries a significant risk of slip-and-falls, and it is important to know how to protect yourself from potential liability.

Prior to 2010, the rule in Massachusetts was simple: if the slip-and-fall was caused by a natural accumulation of snow or ice, a home or business owner wasn’t liable.

The reasoning was a property owner could only be liable for defects on their property, and a natural accumulation (derived from precipitation) of snow and ice cannot be considered an “actionable defect.” Only where the accumulation was artificial or unnatural – whether caused by a gutter, roof, or improper snow removal practices, could an owner be liable.

That all changed with the Supreme Judicial Court’s (SJC’s) decision in Papadopoulos v. Target Corporation, 457 Mass. 368 (2010), where the Court abolished the distinction between natural and unnatural accumulations. Instead, the Court held

that a property owner owes the same duty of reasonable care as is owed in all other circumstances, regardless of how the snow or ice accumulated.

Critics of this decision focus on the impracticality of forcing property owners to clear snow and ice in our harsh winter climate.

Why should someone be liable for not clearing snow in the middle of a storm just because someone else decided to try and brave the weather? The Court addressed this argument, holding that this could all be addressed under the traditional premises liability standard.

It is for a jury to determine whether the snow removal efforts, or lack thereof, are reasonable under the circumstances.

So, what should a property owner do?

It depends on the circumstances. Is it unreasonable for the owner of a singlefamily home not to shovel at 10:00 p.m. when another foot of snow is expected? Probably not. But where an owner knows that snow or ice has accumulated on the property and there is a likelihood that people will be traversing the area, reasonable steps should be taken to reduce or eliminate the risk of falls.

In the event of a fall, there are plenty of defenses available. Was the snow or icy condition open and obvious? Was the injured party comparatively negligent (in other words, did they contribute to their own injury, which will prevent them from receiving compensation if a jury finds them more than 50% at fault)? Did the property owner take reasonable steps under the circumstances, in light of the amount of foot traffic anticipated, IN THE

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magnitude of the risk, and burden of snow and ice removal? While the SJC may have taken away the “silver bullet” in these cases, there are still plenty of tools in the arsenal for an experienced defense attorney to utilize.

To support these defenses, documentation is crucial. Property owners should maintain detailed records of their snow and ice removal efforts, including photographs of cleared areas, logs of when maintenance was performed, and copies of any contracts with snow removal services. When possible, surveillance footage should be preserved showing the condition of the area and the circumstances of any reported falls. These records often become vital evidence in demonstrating reasonable care and can make the difference between a defensible claim and a difficult settlement.

Every slip-and-fall case presents unique challenges and opportunities for defense.

Our firm’s extensive experience in handling these matters allows us to identify the most effective defense strategies for each situation. If you have questions about a specific case or would like to discuss best practices for protecting your insureds this winter, please don’t hesitate to reach out to our premises liability team.

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Navigating Chapter 72: Protection for Transportation Companies in Commercial Vehicle Accidents By: Michael Roos, Esq. Due to the rise of the plaintiffs’ bar using evidence of unrelated violations by drivers (the “driver”) and transportation companies (“companies” or the “company”) to obtain excessive damages awards, the Texas Legislature enacted Texas Civil Practice & Remedies Code chapter 72, subchapter B (“Chapter 72”). This article examines how Chapter 72 affects commercial vehicle accident litigation, its practical application, and its strategic value in discovery and trial.

OVERVIEW In late 2021, Chapter 72 became effective and established specific rules and procedures to be followed in motor vehicle accidents involving a commercial motor vehicle in which a claimant sues the driver and company for personal injuries or wrongful death and is seeking exemplary damages. As explained further below, if this criterion is met then a company can invoke Chapter 72 to (1) limit its liability to claims based only on respondeat superior and (2) separate the issues of the trial (bifurcate) into

BEHIND THE

a phase for compensatory damages and one for exemplary damages¹.

stipulation would not be recommended in situations in which the company disputes that at the time of the accident the driver was:

WHEN TO UTILIZE CHAPTER 72 While every case is different and requires its own analysis, there are certain factors that a practitioner should look for when determining whether to invoke Chapter 72.

Specifically, cases in which the protections of Chapter 72 are typically utilized involve a driver of an 18-wheeler who is either: • •

A direct employee of the company, or An owner-operator working under a lease agreement and is involved in an accident while picking up a load, delivering a load, or returning the vehicle to the company’s facilities after having completed a load.

By contrast, utilizing Chapter 72 is typically not advisable when there is a dispute regarding the nature and scope of the relationship between the driver and company. For example, bifurcation and

• • •

An employee of the company Driving a vehicle owned or operated by the company On a trip on behalf of or at the direction of the company

Consequently, it is important to determine early on the relationship between the driver, company, and the owner of the vehicle, the type of vehicle the driver was operating at the time of the accident, and the purpose of the driver’s trip at the time of the accident.

TWO-PHASE TRIAL STRATEGY To invoke the protections of Chapter 72, the company must file a motion for bifurcation as well as stipulate that the person operating the company’s commercial motor vehicle at the time of the accident was an employee and was acting within the scope of employment². The IN THE

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motion and stipulation must be submitted within 120 days after the company files its original answer or within 30 days after the claimant files a pleading adding a claim or cause of action against the company³.

THE FIRST PHASE: COMPENSATORY DAMAGES In the First Phase, the trier of fact must determine liability for and the amount of compensatory damages⁴. During the First Phase, the claimant’s claims for negligent hiring, training, supervision, and retention cannot be adjudicated and, with some certain exceptions, the claimant cannot present evidence related to these claims⁵. In effect, this generally limits the claimant during the First Phase to presenting evidence of only the driver’s own negligence in operating the commercial motor vehicle or of any other negligence claim that does not require a finding of the driver’s negligence.

However, there are certain exceptions. For example, any party may present evidence that at the time of the accident, the driver was disqualified from driving the vehicle under federal regulations or that the company was subject to an out-of-service order at the time of the accident⁶.

THE SECOND PHASE: EXEMPLARY DAMAGES During the First Phase, if the trier of fact finds that the driver was negligent in operating a commercial motor vehicle, then, during the Second Phase the claimant can present evidence of the company’s negligent entrustment (or evidence of any other 22 | IN THE

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negligence claim that requires a finding of the employee’s negligence in operating the vehicle as a prerequisite to the employer’s own negligence)⁷. In the Second Phase, the trier of fact must determine liability for and the amount of exemplary damages.

Consequently, evidence that the company or driver did not comply with applicable regulations or standards and evidence of the company’s negligent entrustment of the commercial motor vehicle to the driver is admissible for the purpose of assessing exemplary damages⁸.

PROTECTING YOUR COMPANY’S INTERESTS At Kelley Kronenberg, our transportation litigation team has extensive experience implementing Chapter 72 protections for our clients. We understand the complexities of commercial vehicle accident cases and work closely with transportation companies to develop effective defense strategies.

Contact our office to discuss how we can assist in protecting your interests under Chapter 72. ¹ Tex. Civ. Prac. & Rem. Code §§ 72.052, 72.054(a) ² Tex. Civ. Prac. & Rem. Code § 72.054(a) ³ Tex. Civ. Prac. & Rem. Code §§ 72.052(b), 72.054(a) ⁴ Tex. Civ. Prac. & Rem. Code § 72.052(c) ⁵ Tex. Civ. Prac. & Rem. Code §§ 72.053(b), 72.054(b) ⁶ 49 C.F.R. §§ 383.51, 383.52, or 391.15 ⁷ Tex. Civ. Prac. & Rem. Code § 72.052(e) ⁸ Tex. Civ. Prac. & Rem. Code §§ 72.052(e), 74.053(c)

BEHIND THE

BRIEFCASE ATTORNEY SPOTLIGHT

Justin P. England

Partner/Business Unit Leader Dallas, TX jengland@kklaw.com Click here for Bio

Share your journey to becoming an attorney.

My journey to becoming a lawyer was along a river that does not meander. My grandfather was a lawyer, my aunt is a lawyer, my older brother is a lawyer, and I married my law school sweetheart. The practice of law always seemed predestined to be a part of my life.

What is the most interesting or unexpected thing about your area of law?

The friendships that I have made with opposing counsel. Most people view litigators as adversarial (which can certainly be true from time to time). However, some of the most highly contested cases I handled have led to long hours discussing issues of law, horse trading (which is “Texan” for negotiating), and developing respect for a counsel advocating for the opposite of my position. I never expected friendships to arise from litigation, but I have been pleasantly surprised at how often it happens.

How do you stay motivated during challenging cases or times?

I have a great answer here! I often work with first-year lawyers on cases. Senior attorneys can struggle with burnout after arguing similar issues repeatedly, leading to reduced motivation. Years ago, my mentor reminded me never to forget the excitement of practicing law and that feeling of walking into a courtroom for the first time. Now, when I feel jaded, I partner with newer lawyers who bring fresh enthusiasm to learning or heading to court. Their excitement is contagious.

Who would play you if your life as a lawyer were turned into a movie? Why? In a performance that would garner him much acclaim and a third Oscar, George Clooney. George seems like that guy who takes his work very seriously but does not take himself too seriously, which is something with which I can identify. Also, in Hollywood, he seems to get along with everyone and seems to have fostered closeknit relationships. And . . . he married a beautiful lawyer, too.

If you could go back and give your younger self one piece of advice, what would it be?

It is a simple saying that rings in my ears whenever I am tempted to take the easy way out, lack motivation to work out, or feel like procrastinating. I do not know its origin, but it gives me perspective and motivation. It says, “The magic you are looking for is in the work you are avoiding.” I always liked that quote, and it can apply to so many things.

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NOTABLE

CASE WINS Summary Judgment Victory Secured in Vehicle Theft Case

Jasmine Hall

Elizabeth Hernandez

Attorney

Partner/Business Unit Leader

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Defense Verdict Secured in $1M Premises Liability Trial

Aaron D. Neifeld

Naomi D. Bradford

Ryleigh Walaconis

Partner/Business Unit Leader

Practice Partner

Attorney

Julie B. Karron Partner/Business Unit Leader

24 | IN THE

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Read More

Kelley Kronenberg Prevails in Complex Condominium Association Governance Case Retailer Read More

Major Victory Secured in $1M Motocross Industry Liability Case

Matthew S. Garnett

Christopher Wright

Partner/Business Unit Leader

Attorney

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Summary Judgment Secured in High Exposure Dog Bite Case Andrew A. Labbe

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Partner/Business Unit Leader

For additional successes, please click here.

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MEET THE

CONTRIBUTORS David S. Henry Chair, General Liability and Transportation Division Fort Lauderdale, FL | New York Email David S. Henry

David Henry serves as the Chair of our firm’s General Liability and Transportation Division, which includes our New York Labor Law and Gig Economy Practices. He focuses his practice on high exposure and complex litigation, dividing his time between our Florida and New York offices to assist clients in both states.

David specializes in working with national and international insurers, including the Lloyds of London Market, to defend corporations, municipalities, and individuals facing liability arising from various tort and commercial causes of actions. He has a strong track record of success, securing efficient outcomes as soon as possible, but also wins through voluntary dismissal, summary judgment, trial, and appeal.

David has also developed a reputation as a skilled and deliberate negotiator, able to leverage nuanced and intricate coverage positions and defenses to benefit his clients through direct negotiation, and especially, at mediation.

David manages a large and experienced team of attorneys across multiple offices nationwide. Under David’s leadership, the team focuses on the needs of our clients’ cases, identifying the specific caseby-case litigation requirements to bring about

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an efficient resolution. The Division’s attorneys emphasize effective communication and client service, regularly updating clients and insurers about each case’s developments.

David’s current practice centers on the most intricate and challenging matters, encompassing a range of complex cases involving New York Labor Law Section 240 cases, bad faith litigation, negligent security, dram shop, premises liability, commercial transportation, product liability, and more.

David boasts a wealth of diverse litigation experience, having skillfully handled a broad spectrum of cases, ranging from defamation, Section 1983 claims, construction defect, toxic tort, medical malpractice, directors’ and officers’ liability, professional malpractice, class action lawsuits, coverage, and matters under the Fair Debt Collection Practices Act. David has also engaged in commercial litigation.

David has been involved in cases with prominent media coverage and a strong community impact.

He plays a crucial part in the firm’s Rapid Response Team, ensuring his availability for unforeseen situations, regardless of the time of day.

Elizabeth Hernandez Partner/Business Unit Leader Jacksonville, FL Email Elizabeth Hernandez

Elizabeth Hernandez is a Partner and Business Unit Leader at Kelley Kronenberg, focusing her practice on general liability and third-party insurance defense.

Elizabeth is a seasoned trial attorney with over 25 jury trials. Before joining Kelley Kronenberg, she worked as a Managing Partner of a prominent nationwide law firm representing clients on complex subrogation matters involving insurance claims. Successfully recovering millions of dollars

on behalf of her clients.

Elizabeth obtained her Juris Doctor degree from the Florida Agricultural and Mechanical University College of Law and a Bachelor’s in Legal Studies from the University of Central Florida.

Elizabeth is a United States Air Force Veteran and proud Florida native who enjoys spending her time with her family outdoors either on the water or on the golf course.

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MEET THE

CONTRIBUTORS Nimra Salehjee Attorney Fort Lauderdale, FL Email Nimra Salehjee

Nimra Salehjee is an Attorney at Kelley Kronenberg.

She focuses her practice on professional liability defense and civil litigation.

Nimra served as a Law Clerk at Kelley Kronenberg, positioned in the firm’s General Liability and Third-Party Insurance Defense Division, where she expanded her knowledge and gained valuable experience working on general liability and professional liability cases. This experience provided her with valuable insights into the firm’s practices and prepared her for her current role as an Attorney. Before joining Kelley Kronenberg, Nimra gained diverse legal experience in various capacities. She served as a Legal Extern for UHealth Compliance in Miami, where she reviewed contracts and agreements for compliance with healthcare regulations, and as a Legal Intern for Project Afghan Network for Advocacy Resources, assisting Afghan families in their immigration efforts to the United States. Additionally, as a Student Attorney at the University of Miami Health Rights Clinic, she represented low-income clients in securing social security disability benefits and naturalization.

Nimra’s background also includes experience as a civil litigation paralegal, where she prepared various

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legal documentation for homeowners involved in property insurance disputes.

Nimra earned her Bachelor of Arts in Political Science, graduating magna cum laude from Florida International University, followed by her Juris Doctor from the University of Miami School of Law. During her time in law school, she received the Dean’s Certificate of Achievement from the UM Health Rights Clinic and served as a Junior Staff Editor for the University of Miami’s Race and Social Justice Law Review. Her dedication to leadership and community service is reflected in her active involvement in several student organizations, including Miami Law Women and the FirstGeneration Law Association. Furthermore, she held positions as Professional Relations Chair of UM’s South/West Asian and North African Law Students Association and Secretary of Miami’s Business Law Society. Nimra’s commitment to public service is further demonstrated by her internship with Broward County Legal Aid, where she assisted in preparing trial court briefs for low-income clients.

Nimra is proficient in Urdu and Hindi.

Scott D. Kagan Partner/Business Unit Leader New York, NY | Albany, NY Email Scott D. Kagan

Scott D. Kagan is a Partner and Business Unit Leader in the General Liability and Third-Party Insurance Defense Division at Kelley Kronenberg. He focuses his practice on complex litigation matters, with a strong emphasis on construction cases, specifically New York Labor Law. Scott represents a diverse range of clients including property owners, general contractors, subcontractors, and Controlled Insurance Program (CIP) sponsors in both Owner Controlled Insurance Programs (OCIPs) and Contractor Controlled Insurance Programs (CCIPs). His extensive experience covers Labor Law 240, 241, and 200 claims across various commercial construction projects, from large-scale developments like hotels and schools to smaller commercial buildings and private homes. Beyond construction, Scott’s practice also encompasses product liability, trucking and commercial transportation, and premises liability cases. With his comprehensive expertise, Scott provides strategic legal counsel and representation to clients throughout New York and across multiple jurisdictions.

Prior to joining Kelley Kronenberg, Scott built a distinguished career at several prominent law firms in the Greater New York City Area and New York’s Capital Region. He began as an associate attorney, quickly advancing to senior roles, including most recently serving as a Member at a well-respected litigation firm. Throughout his career, Scott has managed all phases of complex litigation, from inception through trial, demonstrating expertise in case analysis, strategic planning, and negotiations.

His experience includes federal jury trial work and pro hac vice appearances in federal courts nationwide. Scott has also been published multiple times, authoring articles on product liability cases and crash avoidance technology in motor vehicles and vertical transportation (elevators/escalators).

Scott completed his undergraduate studies at the University of Massachusetts, Amherst, obtaining a Bachelor of Science in Sport Management. He then earned his Juris Doctor from Hofstra University School of Law, with a focus on Labor & Employment.

Scott has been recognized with multiple accolades, including being named a Super Lawyers Rising Star from 2015 to 2024 and being selected for the National Trial Lawyers: Top 40 Under 40.

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MEET THE

CONTRIBUTORS Michael E. Hill Partner/Business Unit Leader New Orleans, LA | Dallas, TX Email Michael E. Hill

Michael Hill is a Partner and Business Unit Leader in the firm’s expanding New Orleans office. He has over 23 years of experience resolving cases pending before Federal and State court juries and judges in Louisiana and Texas. His areas of practice include complex litigation, insurance coverage disputes, trucking and transportation litigation, as well as the general liability defense of individuals, companies, and their insurers.

Michael has a reputation for evaluating cases thoroughly and quickly at the outset of litigation, while working closely with clients to select and implement a resolution strategy that fits his client’s goals. In the courtroom, Michael is a zealous advocate on behalf of his clients, and he has a passion for trial work. Michael’s third-party insurance defense experience includes defense of clients sued under theories of premises liability, negligent security, construction defect, automobile and trucking litigation, and toxic tort cases. In addition, Michael has handled complex first-party property coverage and insurance bad-faith litigation in both Louisiana and Texas.

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Michael holds a Certified Litigation Management Professional (CLMP) designation from the Claims and Litigation Management Alliance. He regularly instructs continuing education courses for industry claims personnel on a wide range of topics from how to manage gruesome photos at trial to good faith claims handling.

Michael graduated from West Virginia University with a Bachelor of Science in Journalism and a Bachelor of Arts in Political Science. He went on to earn his Juris Doctorate from Tulane University School of Law in New Orleans, where he argued on to the school’s Moot Court ATLA trial competition team. In 1998, immediately after law school, Michael became a prosecutor for the New Orleans’ District Attorney’s Office where he tried over 30 cases. He later worked for the Louisiana Supreme Court’s Central Staff before beginning his civil litigation defense practice in 2002

Michael Q. Roos Partner Dallas, TX Email Michael Q. Roos

Michael Roos serves as a Partner at Kelley Kronenberg, where he focuses his practice on general liability, trucking and transportation, and premises liability cases throughout the state of Texas. With his extensive experience in these areas, Michael provides comprehensive legal representation to clients facing complex litigation matters.

Prior to joining Kelley Kronenberg, Michael honed his skills at prominent law firms in Dallas, Texas.

He began his career as a litigation associate at a boutique firm, where he represented clients in personal injury cases and gained valuable courtroom experience. Michael then advanced to senior associate and later senior counsel positions

at a national law firm, where he handled highstakes litigation for major corporations, including national and regional trucking companies and property owners. Throughout his career, he has demonstrated expertise in various aspects of litigation, from pre-trial proceedings to appeals.

Michael earned his Juris Doctor from SMU Dedman School of Law in Dallas, Texas, in 2016. During law school, he participated in the Consumer Advocacy Clinic as a Student Attorney and Chief Student Attorney. Before pursuing his legal education, Michael graduated magna cum laude with a Bachelor of Arts in History from Austin College in Sherman, Texas, in 2012, where he ranked in the top 10% of his class.

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MEET THE

CONTRIBUTORS Jessica A. Clark Partner/Business Unit Leader New York, NY Email Jessica A. Clark

Jessica Clark is a Partner and Business Unit Leader at Kelley Kronenberg, focusing her practice on general liability, including construction accidents, premises liability, automobile liability, and New York Labor Law. Prior to joining the firm, Jessica served as a Partner for a full-service litigation firm, representing construction contractors, building owners, condominium, and cooperative boards, developers, and insurance companies in construction litigation, premises liability, product liability, habitational, and insurance coverage actions. She has worked on the East 51st Street and East 91st Street crane collapse cases, high-profile product liability litigation, and complex habitational claims. In addition, Jessica has argued appeals in the First and Second Appellate Divisions of New York and has obtained many successful outcomes for clients.

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Jessica earned her Bachelor of Arts in Economics and Political Science from Bucknell University, graduating magna cum laude. During her time there, she was an active member of the university’s Mortar Board Senior Honor Society and was President of the Alpha Lambda Delta Honor Society. She was also on the golf team.

Jessica went on to pursue her Juris Doctor degree from The University of Michigan Law School. While there, she distinguished herself by participating in the Henry M. Campbell Moot Court Competition.

Jessica was also an active member of the Women’s Law Students Association and Phi Alpha Delta Law Fraternity.

Dawn M. Miller Partner New York, NY Email Dawn M. Miller

Dawn Miller is a Partner at Kelley Kronenberg, focusing her practice on general liability including construction accidents, premises liability, automobile liability, and New York Labor Law. Before joining Kelley Kronenberg, Dawn served as an Associate Attorney, overseeing comprehensive caseloads that encompassed premises and general liability cases. In this role, she collaborated with experts to deliberate on their opinions and develop strategic plans, assessed injuries and jury verdicts and handled all facets of pretrial discovery, encompassing the preparation of pleadings, requests for discovery, and responses to discovery requests.

Dawn received her Bachelor of Arts in Legal Studies and Psychology and graduated summa cum laude from Quinnipiac University. She was active in the Legal Studies & Psychology Honor Societies and

the Order of Omega Fraternal Honor Society. Her academic achievements include several prestigious awards, including the Phi Sigma Sigma National Scholarship Award, the Legal Studies Book Award, and The Mitchell M. Berkun Prize in Psychology for Outstanding Academic Achievement in Research.

Dawn’s dedication to her studies was evident from her consistent appearance on the Dean’s List throughout her four years of undergraduate education, and her hard work and commitment earned her the Outstanding Freshman Award.

Dawn then pursued her Juris Doctor degree from Pace University School of Law, where she graduated cum laude. Throughout her law school years, she remained on the Dean’s List and was involved in the Public Interest Law Scholarship Organization and the Phi Alpha Delta Law Fraternity.

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MEET THE

CONTRIBUTORS Andrew A. Labbe Partner/Business Unit Leader Boston, MA | Tampa, FL | New York , NY | Short Hills, NJ (By Appointment Only) Email Andrew A. Labbe

Andrew Labbe is a Partner and Business Unit Leader at Kelley Kronenberg, where he specializes in FirstParty Property Insurance Defense and General Liability and Third-Party Insurance Defense. He is a member of the firm’s First-Party Property Appellate Team and is Board Certified in Appellate Law by the Florida Bar, a prestigious designation that recognizes his expertise and experience in appellate practice.

Prior to joining Kelley Kronenberg, Andrew gained extensive experience in various aspects of insurance defense. He has held positions as a partner and chair of an appellate division, where he managed all appellate work from start to finish, including brief writing and oral arguments. His practice areas have included first-party insurance disputes, thirdparty liability claims, coverage opinions, contract disputes, construction defect cases, subrogation, and workers’ compensation defense. Andrew has

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also supervised associate attorneys, reviewing their work and providing training on firm procedures and litigation strategies.

Andrew received his Bachelor of Arts in American Studies from the Massachusetts College of Liberal Arts in May 2009. He then pursued his legal education at the University of Florida’s Levin College of Law, graduating cum laude with a Juris Doctor in May 2012. At law school, Andrew excelled academically, ranking in the top 15% of his class with a 3.62 GPA. His accomplishments include being a top four finalist in the Florida Moot Court Competition and winning second-best oralist at the 2012 ABA Moot Court Competition in Atlanta.

Andrew earned book awards in Constitutional Law and Estates & Trusts and maintained a place on the Dean’s List from Fall 2010 to Spring 2012. He was also an active participant in The Florida Moot Court Team.

Kaitlin A. Coyle Practice Partner Fort Lauderdale, FL Email Kaitlin A. Coyle

Kaitlin Coyle is a Practice Partner at Kelley Kronenberg, focusing her practice on general liability and third-party insurance defense.

Before joining Kelley Kronenberg, Kaitlin served as an Associate Attorney for a full-service litigation defense law firm, where she gained general liability experience handling discovery matters, depositions, mediations, and drafting and arguing dispositive motions and pleadings. Additionally, Kaitlin worked for Kelley Kronenberg’s Justice for Kids Division, providing legal services to abused, disabled, and catastrophically injured children.

Kaitlin received her Bachelor of Science degree in Commerce & Business Administration, cum laude, from The University of Alabama. Kaitlin continued her education at Ave Maria School of Law, where she received a full academic scholarship, graduating magna cum laude, and top ten in her class.

While in law school, Kaitlin served as an Associate Editor of Law Review, an Executive Officer of Moot Court, and a Teaching Assistant for the Legal Analysis, Writing, & Research department.

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MEET THE

CONTRIBUTORS Justin P. England Practice/Business Unit Leader Dallas, TX Email Justin P. England

Justin England is a Partner and Business Unit Leader at Kelley Kronenberg, having spearheaded the firm’s expansion into Texas by opening our Dallas office. He focuses his practice on firstparty property insurance defense, general liability defense, and professional liability, including E&O and D&O. He has vast experience handling a broad range of architect and engineering liability claims and construction defect claims.

Justin brings over a decade of litigation experience to Kelley Kronenberg, with significant first-chair trial experience in state and federal courts across Texas. He has successfully managed a diverse range of cases, including product liability, construction defects, catastrophic injuries, real estate disputes, tort litigation, and consumer law matters.

Before joining Kelley Kronenberg, he was a founding partner of a Dallas law office, responsible for the oversight and professional development of associate attorneys. Justin has been recognized for his exemplary legal skill, having been selected for inclusion in Texas Monthly Texas Super Lawyers – Rising Stars for General Litigation consistently since 2014.

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Justin earned his Bachelor of Arts in History from The University of Texas at Austin, where he was a member of the University of Texas Ice Hockey Team and participated in a study abroad program in Barcelona, Spain. He then obtained his Juris Doctor from Southern Methodist University Dedman School of Law. While in law school, Justin also studied Legal Studies and International Sales of Goods at University College, Oxford University in England.

Beyond his professional achievements, civic engagement plays a significant role in Justin’s life. He is an active member of several legal organizations, including the Dallas Bar Association, Dallas Association of Young Lawyers, and the William “Mac” Taylor American Inn of Court, where he serves as a Barrister. His commitment to the legal profession is further exemplified by his fellowship in the Texas Bar Foundation. In the greater community, Justin dedicates his time to Big Brothers and Big Sisters of America, demonstrating his passion for mentorship. He is also a member of the Knights of Columbus, Council #5656, and contributes to local education through his involvement with the St. Monica Catholic School Dad’s Club.

AWARDS AND

ACCOLADES FIRM AWARDS Kelley Kronenberg has been the recipient of numerous awards and honors both firm-wide and for a number of our practices, including individual accolades. Below is a select list of recognition and awards:

2021 – 2024 Top Workplaces USA Energage

2020 – 2024 Top Workplaces Sun Sentinel

2019 – 2024 Best Law Firms U.S. News - Best Lawyers

2019, 2021 – 2024 Women In Law Scorecard The National Law Journal

2012 – 2024 NLJ 500 The National Law Journal

2016 – 2024 Largest Law Firms Tampa Bay Business Journal

2012 – 2023 Top Law Firms South Florida Business Journal

2020 – 2022 Business of the Year South Florida Business Journal

2022 – 2023 Best Places To Work New Orleans CityBusiness

2021 – 2022 Top Places To Work Ragan Communications

2017 – 2022 400 Largest Law Firms Law360

2024 Top Performer Leadership Council on Legal Diversity

2024 Diversity Scorecard The American Lawyer

2011 – 2022 100 Largest Law Firms Daily Business Review

2022 Best Midsize Law Firm To Work For Vault

2020 – 2022, 2024 Compass Award Leadership Council on Legal Diversity

2017 – 2022 Biggest Law Firms in Florida Florida Trend

2016 – 2022 Largest Central Florida Law Firms Orlando Business Journal

2021 Diversity Team Award Profiles in Diversity Journal

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KELLEY KRONENBERG

OUT & ABOUT Kelley Kronenberg New Year Kick-Off Celebration

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Emelyn Orellana Named 2024 Fred Award Winner The firm is proud to announce Emelyn Orellana as the recipient of our 2024 Fred Award, an honor inspired by Mark Sanborn’s “The Fred Factor” that recognizes team members who consistently go above and beyond with extraordinary dedication and service.

As managing paralegal and executive assistant to David Henry, Chair, General Liability and Transportation Division, Emelyn has distinguished herself through her exceptional commitment to excellence. Receiving nominations from numerous colleagues across the firm, Emelyn was celebrated as the backbone of the division, with nominators consistently praising her natural ability to lead and mentor others while maintaining an unwavering positive attitude in one of the firm’s fastest-growing practice areas.

The Fred Award, now in its fourth year, celebrates individuals who embody the principles of positivity, resourcefulness, and exceptional service. Emelyn’s selection from multiple nominations underscores her significant impact on both the team and our clients’ experience with the firm.

MEET OUR TEAM AT THESE UPCOMING EVENTS NYC Office Grand Opening

IACP European Conference

111 Broadway, Suite 1205 | New York, NY 10006

Carton House, Maynooth Ireland

Phone: (845) 306-7867

March 23 - 25, 2025

Jan 29, 2025 | 4 PM - 7 PM

2025 WSIA Underwriting Summit AGC 2025 Surety Bonding and Construction Risk Management Conference

JW Marriott Desert Ridge Resort & Spa | Phoenix, AZ March 9 - 12, 2025

Jan 27 - 29, 2025

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with over

515

Employees

more than

the convenience of

Attorneys

Locations

225

20

Founded in 1980, Kelley Kronenberg is an award winning, multi-practice national law firm with 515 employees, 225 attorneys, and 20 locations throughout Florida and the United States.

We are privileged to represent large public and private companies, small businesses, and individuals nationwide. With more than 40 practice areas, and growth on the horizon, we offer a comprehensive catalog of legal services to protect your legal interests in business and at home.

Our firm is progressive and technologically advanced, while remaining true to our customer service heritage: integrity, ingenuity, and sincerity. Ever mindful of our history, but intensely committed to our future, we offer our clients a small firm feel with large firm resources.

OUR

LOCATIONS FORT LAUDERDALE

NEW YORK CITY

MIAMI

WEST PALM BEACH

ORLANDO

CHICAGO

NEW ORLEANS

INDIANAPOLIS

TAMPA

JACKSONVILLE

TALLAHASSEE

NAPLES

DAYTONA

MERRILLVILLE

DALLAS

BOSTON

ATLANTA

FLORIDA KEYS

10360 W. State Road 84 Fort Lauderdale, FL 33324 Phone: (954) 370-9970

20 North Orange Avenue, Suite 704 Orlando, FL 32801 Phone: (407) 648-9450

1511 North Westshore Blvd., Suite 400 Tampa, FL 33607 Phone: (813) 223-1697

128 Orange Avenue, Unit 306 Daytona Beach, FL 32114 Phone: (754) 888-5437

111 Broadway, Suite 1205 New York, NY 10006 Phone: (845) 306-7867

20 N. Clark Street, Suite 1150 Chicago, IL 60602 Phone: (312) 216-8828

10245 Centurion Parkway N, Suite 100 Jacksonville, FL 32256 Phone: (904) 549-7700

233 E. 84th Drive, Suite 200 Merrillville, IN 46410 Phone: (317) 731-6243

220 Alhambra Circle, Suite 410 Coral Gables, FL 33134 Phone: (305) 503-0850

400 Poydras Street, Suite 2400 New Orleans, Louisiana 70130 Phone: (504) 208-9055

6267 Old Water Oak Road, Suite 250 Tallahassee, FL 32312 Phone: (850) 577-1301

5956 Sherry Lane, 20th Floor Dallas, TX 75225 Phone: (983) 999-4640

1475 Centrepark Blvd., Suite 275 West Palm Beach, FL 33401 Phone: (561) 684-5956

10475 Crosspoint Blvd., Suite 218 Indianapolis, IN 46256 Phone: (317) 731-6243

1570 Shadowlawn Drive Naples, FL 34104 Phone: (239) 990-6490

90 Canal Street Boston, MA 02114 Phone: (866) 643-9734

BY APPOINTMENT ONLY ALBANY

401 New Karner Road. Suite 301 Albany, NY 12205 Phone: (845) 306-7867

SHORT HILLS

51 John F. Kennedy Parkway First Floor West Short Hills, NJ 07078 Phone: (908) 403-8174

1100 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Phone: (404) 990-4972

91760 Overseas Highway, Suite 100 Tavernier, FL 33070 Phone: (305) 928-6999

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WWW.KKLAW.COM | 800.484.4381