- 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.
Admissions
- Florida
- US District Court, Southern, Middle, and Northern Districts of Florida
- US District Court, Northern District of Georgia
- US District Court, Middle District of North Carolina
- Eleventh Circuit Court of Appeals
Education
- George Washington University Law School, JD 2002
- University of Virginia, BA 1996
- John Marshall Law School, LLM, Int’l Trade Law, 2014
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)
