Josh Levy
Partner | Miami,
United States
Josh.Levy@kennedyslaw.com
+1 305 374 8066
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Profile
Education
- John Marshall Law School, LLM, Int’l Trade Law, 2014
- George Washington University Law School, JD 2002
- University of Virginia, BA 1996
Josh is a partner in the firm’s Miami office. He has significant experience representing insurers writing a variety of coverages, including commercial general liability, umbrella and excess liability, directors’ and officers’ liability, professional liability, construction, and commercial property. Josh represents insurers in litigation in state and federal courts nationwide involving a variety of substantive and procedural issues. Josh counsels clients with responses to time-limit demands and negotiate settlements of claims with multimillion dollar extra-contractual exposure.
Josh also counsels business on compliance with US customs and international trade laws, defends importers in customs penalty cases, and represents importers in administrative and regulatory proceedings before US Customs, the US Department of Commerce, and other government agencies.
Josh is a member of the Florida Bar; Insurance Coverage Committee; ABA Tort, Trial, and Insurance Practice Section; the Defense Research Institute (DRI); Claims and Litigation Management Institute (CLM); and Florida Defense Lawyers Association (FDLA)
Qualifications and admissions
- Florida
- US District Court, Southern, Middle, and Northern Districts of Florida
- US District Court, Northern District of Georgia
- US District Court, District of Maryland
- US District Court, Middle District of North Carolina
- US Court of Appeals, Eleventh Circuit
Work highlights
- Represents insurers in high-stakes coverage litigation pending in Florida, Georgia, and North Carolina.
- Granted summary judgment for Commercial General Liability insurer in breach of contract suit alleging wrongful denial of coverage for $15 million judgment in assault and battery claim against HUD-financed property. Judgment was affirmed on appeal.
- Obtained summary judgment for insurer issuing Owner Controlled Insurance Policy in breach of contract suit alleging wrongful denial of coverage for $3.6 million judgment against subcontractor for defective work at luxury apartments.
- Granted summary judgment for Employee Benefits Liability insurer in declaratory judgment action alleging wrongful denial of coverage for condominium association’s claim for $250,000 in unpaid annual leave and attorney’s fees.
- Defended a domestic insurer in first-party property litigation pending in federal district court in the Southern District of Florida. The damage claim includes full replacement of roofs pursuant to the Florida Building Code for 33 buildings allegedly damaged by Hurricane Irma. Plaintiff seeks over $4 million in damages, while the actual cost to repair the roof damage falls below the policy’s Hurricane deductible.
- Represented insurer bad faith litigation against client pending in federal district court in the Southern District of Florida. The claim arises out of catastrophic injuries sustained by the claimant at the insured’s property in St. Lucia. Client issued a D&O Policy. The claimant asserts the policy provides coverage for her $66.5 million judgment against client’s insured despite the Policy’s exclusion for bodily injury claims.
- Represented D&O insurer in declaratory judgment action in federal district court in federal court seeking determination that prior knowledge exclusion in Side-A Directors & Officers’ Liability Policy precludes coverage for FTC Action against officers alleging deceptive marketing practices.
Presentations and publications
- “Dangerous States for Bad Faith,” In-House Client Training (August 2023)
- “Florida's Statutory Employer Defense and Workers' Compensation Immunity,” In-House Client Training (June 2022)
- Co-author, “Florida Property Insurance Reform Bill signed by Florida Gov. DeSantis,” published for Kennedys (June 2022)
- Co-author, “Eleventh Circuit expands excess judgement rule for bad faith claims,” published for Kennedys (April 2022)
- Co-author, “Eleventh Circuit upholds auto insurers win in Florida bad faith case,” published for Kennedys (February 2022)
- Co-author, “Florida court rules that auto insurer cannot invoke exceptions to Eight Corners Rule to avoid duty to defend visibly drunk driver,” published for Kennedys (June 2021)
- Co-author, “Eleventh Circuit Court of Appeals issues favorable decision for insurers in Florida bad faith case," published for Kennedys (June 2021)
- “Florida Bad Faith Law: The Insurer’s Duty of Good Faith to Settle Claims Against the Insured,” In-House Client Training (June 2020)
- “Florida Bad Faith Law: The Insurer’s Duty to Settle and Responding to Time Limit Demands,” In-House Client Training (December 2019)
- Co-author, "Handling multiple competing claimants and the potential for bad faith liability in Florida," published for Kennedys (September 2019)
- Author, “Beware the undertaker: The potential for bad faith handling in Florida for the insurer handling covered and non-covered claims,” published for Kennedys (April 2019)
- Co-author, “Handling the Florida Claimant’s Demand for a Financial Affidavit,” published for Kennedys (January 2019)
Report decisions
- S.-Owners Ins. Co. v. Fla. Constr. Servs., Inc., 2021 WL 5040398 (M.D. Fla. 2021)
- McCullough v. AIG Ins. Hong Kong Ltd., 828 F. App'x 704 (11th Cir. 2020)
- Evanston Ins. Co. v. Via Ent., LLC, 2020 WL 5995672 (M.D. Fla. 2020)
- Thomas Mach., Inc. v. Everest Nat'l Ins. Co., 2020 WL 2616193 (S.D. Fla. 2020)
- Alamo-Cruz v. Evanston Ins. Co., 2019 U.S. Dist. LEXIS 129452 (S.D. Fla. 2019)
- Palm Beach Leisureville Cmt’y Ass’n v. Evanston Ins. Co., 2019 U.S. Dist. LEXIS 115552 (S.D. Fla. 2019)
- McCullough v. AIG Ins. Hong Kong Ltd., 2019 U.S. Dist. LEXIS 79338 (S.D. Fla. 2019)
- IVFMD Fla., Inc. v. Allied Prop. & Cas. Ins. Co., 679 Fed. Appx. 769 (11th Cir. 2017)
- Nova Cas. Co. v. OneBeacon Am. Ins. Co., 603 Fed. Appx. 898 (11th Cir. 2015)
Insurance and reinsurance