Kubicki Draper

Happy Anniversary! #KDLaw #workiversary #KDFam #KDCelebrates

Caryn Bellus and Ben Carter, of our Miami office, closed out 2024 and started 2025 with consecutive wins in the Fifth District, obtaining affirmance of two summary judgments in first-party property cases brought by the same assignee, based on the assignments’ noncompliance with Section 627.7152. In Holding Insurance Companies Accountable a/a/o Stephen Wells v. American Integrity Insurance Company of Florida, the assignee argued its assignment was not required to comply with the statute, which governs assignments to or from a person “providing services to protect, repair, restore, or replace property, or to mitigate against further damage to property,” because the only “service” the assignee provided was filing a lawsuit to collect insurance benefits—which would be used for roof repairs pursuant to a direction to pay contract—rather than actual repairs. The trial court disagreed and entered summary judgment for the insurer. The assignee made the same argument on appeal, and Caryn and Ben responded that the assignee’s “services” were inextricably intertwined with repairing the property, and thus the assignment was invalid because it did not comply with Section 627.7152. The Fifth District affirmed following oral argument. As a result, the assignee attempted to dismiss two other pending appeals on the same issue, including Holding Insurance Companies Accountable a/a/o Leonard Caruso v. American Integrity Insurance Company of Florida. However, the Fifth District declined to recognize the dismissal, and instead issued a written opinion affirming summary judgment for the insurer. The opinion emphasized testimony from the assignee’s corporate representative acknowledging that the goal of the lawsuit was to recover the replacement cost of the insured’s roof, and accepted Caryn and Ben’s argument that even though the assignee would not personally scale the insured’s house to repair the roof, its assignment was required to comply with the statute because it was seeking funds to facilitate those repairs. By expressly holding that the mandatory pass-through of benefits from the assignee to the roofer places the assignment within the reach of Section 627.7152, the Fifth District put to rest the assignee’s long-running attempt to avoid the requirements of the statute. View the opinion at: https://ow.ly/j1C750UAy5R

This National Mentoring Month, we celebrate the connections that help our attorneys grow, succeed, and support one another. Together, we’re shaping the future of the legal profession. #KDLaw #Florida #Alabama #Mentoring #ProfessionalDevelopment

Over the past year, KD achieved remarkable milestones and growth. We introduced a new, user-focused website to make our resources more accessible, expanded our dynamic team, and deepened our dedication to community engagement, striving to create positive impacts beyond the courtroom. We are also honored to have received recognition from esteemed organizations for our leadership in diversity, equity, and inclusion (DEI) and for delivering exemplary legal services. As we reflect on these accomplishments, we remain committed to building on this success and advancing excellence in the legal field and the communities we proudly serve. Happy new year!

Wishing a joyful Kwanzaa to all who celebrate! May this season of unity and reflection bring light, love, and abundant blessings into your life. #KDLaw #KDCelebrates

Wishing a joyous Hanukkah to all who celebrate! May the glow of the menorah shine brightly, filling the season with hope, love, and endless blessings. #KDLaw #KDCelebrates

Wishing a Merry Christmas to all who celebrate! May the joy of the season fill your heart with love, peace, and countless blessings. #KDLaw #KDCelebrates

The holiday spirit shined bright across all of our offices as the KD teams came together to celebrate. From our KD family to yours, we wish you a joyous and prosperous holiday season.

Tracie Reese, of our Tampa office, serves as Co-Chair of the Hillsborough Association of Women Lawyers’ Young Lawyers Division Committee, which recently hosted a dynamic breakfast event featuring a panel of distinguished leaders who shared their inspiring journeys to leadership. The panel included a federal judge, an Assistant United States Attorney, an in-house counsel, and a former law firm partner who successfully transitioned into mediation. These esteemed speakers highlighted diverse career paths and invaluable insights into navigating the legal profession. Congratulations to Tracie for her impactful leadership and for her help in fostering meaningful conversations that inspire the next generation of legal professionals! #KDLaw #Florida #Alabama

Nicole Wulwick and Karenny Montan, Esq. of the KD team recently attended the 42nd Annual Judicial Reception, hosted by the Miami-Dade Chapter of the Florida Association for Women Lawyers (FAWL). The event brought together numerous judges from federal, state, and appellate courts, including Federal Judge Melissa Damian, Judge Gina Beovides, and Judge Bronwyn Miller. Nicole and Karenny had the opportunity to connect with these esteemed members of the judiciary. Nicole's active involvement with FAWL is highlighted by her recent appointments to the Mentorship Committee and the Awards and Recognition Committee. #KDLaw #Florida #Alabama #MDFAWL