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Kubiak Law Group represents clients at the trial court level. Trial court is where issues of fact and law about your claim are first determined. Jury trials, if necessary, occur at the trial court level. There are times, however, when you may have to appeal a trial court's decision to a higher court. Should that time come, Kubiak Law Group only associates itself with attorneys and law firms who have extensive appellate experience in property damage law. Below is a list of notable victories obtained in multiple appellate courts throughout the state of Florida, as well as a ground-breaking victory in the Florida Supreme Court, in which our attorney(s) represented clients at the trial level, either individually and/or as part of a team in conjunction with a previous employer, and then was/were part of a team of lawyers who successfully represented our clients on appeal. The legal strategies utilized at the trial level, coupled with experienced appellate co-counsel, resulted in legal victories not only for our clients in those specific cases, but in reality, victories for every policyholder in the state of Florida.
Florida Supreme Court / Appellate Court victories:
Trinidad v. Florida Peninsula Insurance Company, 121 So.3d 433 (Supreme Court of Florida 2013)
Florida Supreme Court victory!
Overhead and profit are included in the replacement cost of a covered loss when the insured is reasonably likely to need a general contractor for repairs. Insurers are not statutorily permitted to hold back any portion of the replacement cost payment, including costs for overhead and profit, contingent on the insured’s actually repairing or replacing the property. Read More.
Teachers Insurance Company v. Loeb, 75 So.3d 355, (Fla. 1DCA, 2011)
Insurer waived attorney-client privilege regarding confidential communications about the payment of certain checks. Read More.
Panjikaran v. State Farm Florida Insurance Company, 77 So.3d 1278, (Fla. 2DCA, 2012)
Breach of contract and declaratory judgment lawsuit filed by the insured for Ordinance and Law insurance benefits constituted a denial of coverage rather than a dispute over just the amount of loss. Because of this, a triable issue existed which precluded the insurer’s summary judgment from being granted. Read More.
Beseler v. Avatar Property & Casualty Insurance Company, 291 So.3d 137, (Fla. 4DCA, 2020)
Any inconsistencies between insureds’ statements were not significant enough to warrant dismissal for fraud upon the court. Read More.
Evergreen Lakes HOA, INC. v. Lloyd’s Underwriters at London, 230 So.3d 1, (Fla. 4DCA, 2017)
Insurer waived compliance with any requirement under the statute regarding bad-faith claims filed against insurers that it had to be given a copy of a Civil Remedies Notice (CRN) on or before the date on which the Department of Financial Services (DFS) accepted the CRN. Read More.
Landers v. State Farm Florida Insurance Company, 234 So.3d 856, (Fla. 5DCA, 2018)
Bad faith lawsuit against the insurer was not nullified because Civil Remedy Notice (CRN) was filed during the appraisal process. Read More.
Cammarata v. State Farm Florida Insurance Company, 152 So.3d 606 (Fla. 4DCA 2014)
Contrary to the insurer’s contention that its policyholder must obtain an adjudication for breach of contract before proceeding to a bad faith case, settlement in the appraisal process does determine the existence of liability and the extent of damages. Read More.