Summer 2015

Volume XVII, Issue 2   


Inside this issue:
President's Column
Member Profile
FDLA New Members
Defense Verdicts
Committee News
FDLA Winter Seminar
Election Notice
deFENSE POST Information
Attention Members!

Take advantage of the deFENSE POST to share your verdicts, accomplishments,

recognitions and special achievements with FDLA members. Send your press releases, office relocation notices, defense verdicts and any other items of interest to the FDLA

office via email to The content of deFENSE POST depends on

information from

 FDLA members.


The date to remember to submit your "news" for the Fall 2015 issue of deFENSE POST is August 1, 2015 - send your news in NOW!

Dates to Remeber


August 6-8, 2015

Renaissance Vinoy  

Resort & Golf Club 

St. Petersburg, Florida

January 13-18, 2016 

Martin Luther King  


Location TBD 



June 8-11, 2016

Disney's Contemporary
Lake Buena Vista, Florida

June 7-10, 2017
Disney's Contemporary
Lake Buena Vista, Florida

June 6-9, 2018
Disney's Contemporary
Lake Buena Vista, Florida


Watch your emails for notices/information on upcoming FDLA webinars!
Board of Directors

The FDLA Board of Directors meets on a quarterly basis. If any member has items/ issues he or she would like the Board to address, please use the contact information below: 


Dale J. Paleschic   

P: 904-791-9191


FDLA Office
P: 813-885-9888



The next  

Board Meeting is  

Thursday, August 6, 2015.


Dale J. Paleschic 


Luks Santaniello Petrillo & Jones

301 West Bay Street 

Suite 1050 

Jacksonville, FL 32202

P: 904-791-9191

F: 904-791-9196   


Andrew S. Bolin


Beytin McLaughlin  

McLaughlin O'Hara & Bolin

201 N. Franklin St #2900

Tampa, FL 33602

P: 813-226-3000

F: 813-226-3001


Robert E. Bonner 


Meier Bonner Muszynski O'Dell & Harvey PA

260 Wekiva Springs Rd 


Longwood, FL 32779

P: 407-872-7774 

F: 407-872-7997


Daniel J. Santaniello 

Immediate Past President

Luks Santaniello Petrillo

& Jones 

110 SE 6th St, 20th Floor 

Ft. Lauderdale, FL 33301

P: 954-298-6691

F: 954-761-9940 

Enjoy the Summer 2015 Electronic Edition of 
President's Column
Dale Paleschic

FDLA President

Luks Santaniello Petrillo & Jones  

Jacksonville, FL





This is my final column for the deFENSE POST. This August, Andy Bolin becomes Captain of the FDLA ship and because of that, I thought it might be a good time to reflect on the some of the changes that the FDLA has undergone and what projects are ongoing. One thing that is ongoing is that the FDLA continues to provide excellent value to its members through its continuing legal education offerings. Conferences and webinars continue to be an excellent source of timely and useful information to members at all stages of their careers. A special "Thanks" to Dan Santaniello (current Past President) for his work on the FLCC and developing an attorney track and an adjuster track with common sessions in between.  Look for us to keep this format next year as it helped attendance at the conference greatly. Also, Dave Corso and Chuck Ingram have done an outstanding job with our CLE committee.  Their "Boot Camp" was again well attended and also deserving a mention is Bob Bonner for his webinar on Daubert issues. Our education sessions help us continue our mission of enhancing the knowledge, skills and professionalism of defense lawyers. I encourage everyone to attend one of the FDLA's education sessions or conferences during each year. 

Also, although FDLA does not often take positions in support of or against proposed legislation, ethics opinions, etc., we do when it is something that threatens the integrity of our judicial system. On behalf of the FDLA, I submitted a comment against Professional Ethics Committee Proposed Advisory Opinion 14-1 which would allow attorneys to advise clients they can remove information from social media sites as long as they are reasonably assured the information will be preserved.  The Professional Ethics Committee unfortunately approved the proposed opinion without the requested change in this area and I will be requesting a review by the Board of Governors on this aspect of the opinion.  


Somethings that I had hoped would be in place have simply taken longer than planned. Due to some vendor issues, our website redesign is still a work in progress. Andy Bolin and Linda Jude have been pressing forward on this project which should help our membership in several different areas as it will become a true portal to your membership, the FDLA community, and your board of directors and executive director. I know that some of these changes were need for a long time and like a lot of things, change does not come easy. I look forward during my term as Past President to this coming to fruition and to FDLA truly continuing its leadership role in the civil defense bar and also to having a bigger presence in the national arena through its role with DRI.    


I also need to send a special word of "Thanks!" to our executive director who continues to help the Board guide the FDLA through these changes and help make the FDLA a stronger and better state and local defense organization (SLDO). 


So, our mission will carry on with a new Captain.  Hopefully we have charted a course for smooth sailing that will enable all of our members to get more value out of their membership and increase their presence in the civil defense bar.  Thank you to all who have helped me during this last year, I appreciate all your efforts and look forward to continuing to assist the FDLA as a Past President!


Dale J. Paleschic


Member Profile


 Benjamin Kashi


           Growing up, I watched my father practice the law with a sense of zeal and purpose.  He would tell me stories about his work and I always had in the back of my mind that I might want to practice law one day as well. Then the time came to go off to college and there I was, a little tadpole in this little ole place in Gainesville called "The Swamp" trying to figure out my career path.  What should my major be?  So many choices ... decisions, decisions. Well, I knew I liked English and literature a lot more than math and science. Then I remember another student suggesting that I try Telecommunication in the College of Journalism. I thought to myself:  Why not?  Sounds just as good as the others and the focus was on English and literature, so it seemed like a good fit. I figured if it didn't work out, I was thinking of going to law school anyway and that would be just as good a stepping stone as any other. So the decision was made; Telecommunication it was. 


Although I ultimately decided not to pursue a career in journalism, now that I reflect back on my time at college, I find some interesting parallels to what I do now. My initial emphasis in Telecommunication was on news and reporting.  I remember I would have to call potential sources, interview them, and piece together a news story. Today, I call those interviews depositions, those sources witnesses, and the story the report back to the carrier to justify my attendance at the deposition and to give the adjuster insight into the significance of what transpired.  In a lot of ways a good journalist has to have a lot of the same qualities that are required of a good trial lawyer. A good journalist doesn't just take answers at face value. He has to push and prod and dance around canned and evasive answers to unveil the interviewee's true positions, biases, and possible hidden agendas.  In the law, we call that cross examination. I remember sometimes when trying to speak with sources, it was difficult just convincing people to take a moment or two out of their day to speak with me. I was almost met with the same reverence reserved for the beloved telemarketing industry.  It is funny because I now find myself speaking with witnesses only to be met with uncooperativeness most of the time and sometimes downright hostility. The words Rule to Show Cause come to mind.


Well, I went through my four years at UF in the blink of an eye and it was time to make another decision; although, as time passed by, it became clearer and clearer to me that the right decision for me was to become a lawyer, but not just any type of lawyer - a trial lawyer. So given that I became a Gator the year after they won their first football championship, I figured I would extend my tenure in Gainesville to see if I could experience one of those championships while going to school there. Unfortunately, Urban Meyer didn't make his way to Gainesville until a couple of years after I graduated law school, but the games were still fun and how could you possibly beat $6.00 per game for student tickets?


When I was in law school, I recall clerking for a local (South Florida) insurance defense firm. I remember at least a couple of the senior attorneys at the firm advising me to start my career with the State Attorney's Office. I was warned that the carriers are reluctant to allow young lawyers to try cases these days and that the best way to get the trial experience was to become a prosecutor or an assistant public defender. I took that advice to heart because I wanted to pursue a career in trial work. So when the time came to start submitting my resume, I made sure to send it to several different State Attorney and Public Defender Offices across the state.  Orlando came knocking first, so off I went to start my legal career in the land of Disney working as a prosecutor.


I spent my first six years there and got my trial experience before coming full circle back to civil.  Looking back at my time in Orlando, I cannot be grateful enough that my path led me there.  Not only did working as a prosecutor lay the foundation for what I do now; had it not been for my move to Orlando, the two single most important events in my life would not have happened.  I would not have met my wife, Melanie, and our daughter, Lyla, would not have been born.  Sometimes things just happen for a reason.  Not to mention, the stories are unbelievable and unforgettable. 


You cannot make up some of the stuff that you see in some of those police reports.  I remember one case in which a woman brought stalking charges against another woman.  As the case progressed, I learned that the "victim" was pursuing the charges at the behest of her boyfriend, who had babies with both women, and the boyfriend was trying to get the "victim" to pursue false allegations as leverage to get the other woman to drop an Aggravated Battery on Pregnant Person charge against him.  Plus, for the "victim," what better than to get the rival woman out of the picture.  Or, there was the person going around the courthouse making legal arguments on behalf of various "clients" and holding himself out as an attorney even though he was not licensed to practice law.  It was gratifying when he got arrested for arguing a Motion to Suppress in front of the wrong judge who caught onto his routine and ultimately when the fraudster got convicted. 


I would not trade my experiences as a prosecutor for anything, but I am glad I left when I did.  It was time for me to make the jump to civil.  Melanie and I wanted to start a family and working in the public sector, while rewarding, was not the best financially for raising a family.  So I made the transition and that is when I began my career as an insurance defense attorney.  In many ways, I see parallels between the two.  Often plaintiffs exaggerate their claims and sometimes outright lie.  Sometimes putting the dagger in those plaintiffs' cases is like trying to convict criminals.  Almost like being a prosecutor all over again, a "civil prosecutor."  In retrospect, I am happy that I made the switch to insurance defense work not only for financial reasons, but also because I enjoy the work.  Plus, moving back to South Florida, which is where I was born, has its fringe benefits.  I got to see the Miami Heat in the LeBron years, the Dolphins seem to be showing signs of life again for the first time in eons, the beach is around the corner, and The Keys are a stone's throw away.  Life is good.




Linda Beetlestone

Florida Hospital Medical Center

Orlando, FL


Chad W. Bickerton

Goodman McGuffey Lindsey & Johnson LLP

Sarasota, FL


Natalie Stroud Fenner

Franklin & Prokopik

Tampa, FL


Michele A. Hoyne

Farm Bureau Property & Casualty Insurance Company

West Des Moines, IA


Joseph S. Justice

Ringer Henry Buckley & Seacord PA

Orlando, FL


Karen Marcarelli

Florida Hospital

Orlando, FL


Peter S. Nayrouz

Roig Lawyers

Tampa, FL


Kimberly Ann Potter

McCumber Daniels Buntz Hartig & Puig PA

Tampa, FL


Carol M. Rooney

Butler Weihmuller Katz Craig LLP

Tampa, FL


Geoffrey D. Sessions

Saalfield Shad Law Firm

Jacksonville, FL


Gary J. Spahn, Jr

Groelle and Salmon PA

Maitland, FL


Brad R. Sturges

Cole Scott & Kissane PA

Miami, FL


Michael W. Switzer

Wilson Elser Moskowitz Edelman & Dicker

West Palm Beach, FL


Mari Ann Tobin

Walt Disney World Co

Lake Buena Vista, FL


Stacy E. Yates

Pennington PA

Tampa, FL 




Defense Verdicts  



Partner Michael J. Lynott of McIntosh Sawran & Cartaya,
P.A., assisted by senior associate, Crystal L. Arocha
recently won a defense verdict in Miami-Dade County in a catastrophic injury motor vehicle case.


Plaintiff sustained physical injuries, loss of consciousness, and alleged traumatic brain injuries as a result of a collision with defendant's pick-up truck on U.S. 1.  At trial, defendant utilized an accident reconstruction expert and a human factors expert to show how the movement of defendant's truck through the intersection coincided with traffic light sequencing at that intersection, undisputed speeds of the vehicles, and that the plaintiff violated defendant's right of way. 


The three-day trial on liability resulted in a six-member jury verdict for defendant.


Pamela St. John Lynde, Special Counsel in the Jacksonville office of Marshall Dennehey Warner Coleman & Goggin, obtained a no permanency verdict in an auto negligence case, and an award of damages for past and future economic losses in an amount less than the plaintiff's past medical bills. The plaintiff asserted permanent injuries to his neck and back as the result of an auto accident. About 13 months after the accident, he underwent a left SI joint fusion. A pain management specialist testified that he would need a spinal cord stimulator in the future. By the time of trial, the plaintiff asserted $209,000 in unpaid past medical expenses.


As a result of receiving SSDI benefits for a knee injury,  the plaintiff had been a participant in Medicare since 1996 (well before his accident), but had failed to use any of Medicare's health care providers for any of the conditions he related to his auto accident.  Prior to trial, the judge ruled that the defense could not present evidence as to what Medicare's rate for past medical care was, but could present evidence of Medicare's reimbursement rate for future medical care. 


During closing, the plaintiff's attorneys asked the jury to award him up to and including $4,250,000 in damages. The jury found that the accident was a cause of injury to the plaintiff, and awarded him monies as follows:  past medical expenses in the amount of $25,000 (he asked for $209,000); future medical expenses in the amount of $125,000 (he asked for up to $144,000); past wage loss of $18,000 (he asked for $32,000); and future wage loss of $9,000 (he asked for $256,000). The jury awarded him no monies ($-0-) for non-economic damages.  At the close of the plaintiff's case-in-chief, the defense moved for a directed verdict as to the cost of future medical care ($125,000). This was taken under advisement.  Since the verdict, the defense filed and served a Motion to Set Aside Verdict and Alternative Motion for Remittitur, which will be heard later this summer.




William Dale Elliott v. Ofc. Richard B. Wilcox, et al., Case No. 3:13-cv-580-J-39JRK (M.D. Fla. 2015). Matthew Collett 

of Vernis & Bowling of North Florida, P.A., obtained final summary judgment in favor of two Florida Fish and Wildlife Conservation Commission Officers who were sued for false arrest, and conspiracy to violate the Plaintiff's civil rights in the U.S. District Court, Middle District of Florida, Jacksonville Division.  The Plaintiff was arrested for armed trespassing and obstructing an officer without violence after the Plaintiff refused to produce his identification and his concealed weapons permit upon request by the FFWCC's officer's request while the officer was investigating the Plaintiff for trespassing underneath a power line easement.  In hindsight, it turned out that the Plaintiff was not trespassing, and the Plaintiff's criminal charges were eventually dropped.  As a result, the Plaintiff brought this subsequent civil rights lawsuit against the Defendants alleging claims of false arrest and conspiracy to violate the Plaintiff's civil rights, among other federal civil rights claims alleged against the Co-Defendant St. Johns County Sheriff's Officers.  The court concluded that the FFWCC officers (and the Co-Defendant Sheriff's officers) were entitled to qualified immunity from the Plaintiff's § 1983  federal civil rights claims because there was at least arguable probable cause to arrest the Plaintiff for trespassing, armed trespassing, and carrying a concealed weapon in violation of the Florida Statutes. The Plaintiff has appealed this decision to the Eleventh Circuit Court of Appeals.





Michael KiernanTraub Lieberman Straus & Lieberman LLP  obtained summary judgment on behalf of Landmark American Insurance Company in the U.S. District Court, Middle District of Florida, Orlando Division. 


Landmark issued a commercial general liability policy to Dwyer Industries, Inc. Thomas and Perri Dumbacher filed suit against Dwyer, alleging that Dwyer negligently installed "sprayed-in insulation foam" in their home, which emitted toxic fumes and rendered the home uninhabitable.  Landmark denied coverage to Dwyer on the grounds that coverage was excluded by the policy's total pollution, overspray or spillage and/or impaired property exclusion(s), and/or because the alleged damages did not constitute "property damage" as defined in the policy.  The Dumbachers obtained a default final judgment against Dwyer in the underlying suit in the amount of nearly $515,000.  Dwyer assigned its right to pursue an action against Landmark to the Dumbachers, and the Dumbachers filed a coverage declaratory judgment action accordingly. 


The parties filed competing summary judgment motions.  The Dumbachers did not dispute that the exclusions would bar coverage if they applied, but argued instead that the policy's classification limitation endorsement modifies and expands the policy so as to abrogate the policy exclusions at issue.  The court disagreed, siding with Landmark in finding that the classification limitation endorsement restricts the coverage otherwise provided by the policy, and had no bearing on the applicability of the exclusions at issue.  Accordingly, the court found that coverage was barred by the total pollution and impaired property exclusions, and that it was not necessary to reach the questions regarding the applicability of the overspray or spillage exclusion and/or whether the policy's definition of "property damage" encompassed the damages alleged in the underlying action.    





Robert L. Blank, a partner in the Tampa office of

Rumberger, Kirk & Caldwell, P.A., and an associate obtained a favorable verdict in a negligence case styled Rafael Ramos-Lopez v. SeaWorld Parks & Entertainment LLC d/b/a Busch Gardens in Hillsborough County, Florida. The plaintiff claimed he was injured when an actor struck him in the leg with a steel barrel while performing a scare at Howl-O-Scream at Busch Gardens. The defense denied the actor was negligent and denied the back and neck injuries claimed by the plaintiff were caused by the accident. The jury returned a verdict for plaintiff of $276 ($1 future pain and suffering, $1 past pain and suffering and $274 past medical bills), despite a two-level back surgery and $130,274.46 in claimed medical expenses. SeaWorld has moved for its attorneys' fees pursuant to plaintiff's rejection of SeaWorld's $10,000 proposal for settlement.




Robert J. Cousins,managing partner of the Fort Myers office of Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) and a partner in the Fort Lauderdale office, received a complete defense verdict on behalf of their client, a board certified pulmonologist and critical care specialist, on allegations of medical malpractice. The eight-day trial held in Fort Myers, Florida, concluded after jury deliberations of one hour and 10 minutes.  


The plaintiff underwent a carotid endarterectomy to remove significant blockage in the internal carotid artery. During the surgery there was bleeding, which required transfusion of three units of blood. Following the surgery the patient demonstrated stroke-like symptoms and was admitted to the intensive care unit. The defendant followed the patient in the ICU. On the second day following admission, the patient demonstrated agitation and other signs consistent with alcohol withdrawal and also developed respiratory difficulties which ultimately required intubation. The patient had developed aspiration pneumonia.


The patient appeared to be improving and was transferred from the intensive care unit to a monitored room. However, during the evening the patient developed blood in his urine and remained in the ICU. The defendant saw the patient the next morning and noted that there was urinary bleeding and a drop in hemoglobin from 9.4 to 8.2. It was the defendant's assessment that the patient was not yet a candidate for additional blood transfusions. He ordered a repeat hemoglobin test, which was taken six hours later. That test showed the hemoglobin had dropped to 6.8, defined by the lab as a critical value.  Before blood could be administered, the patient suddenly appeared confused, demonstrated rapid breathing, his pupils became large and fixed, and a code blue was called. During the code blue, the patient was intubated and CPR was administered but the heart was never shocked or defibrillated. The patient remained unresponsive. After several days, further medical interventions were discontinued and the patient died. The decedent was survived by his wife. They had been married for over 50 years.


The plaintiff claimed that the decedent suffered a cardiac arrest caused by hypovolemia due to the severe urinary tract bleeding. They asserted that, as a result, the plaintiff suffered multi-organ failure due to ischemia and poor perfusion of the tissues. Plaintiffs' expert opined that if blood had been administered sooner, the cardiac arrest would not have occurred and the cascade of events could have been avoided.


Based on the vital signs and the lack of interventions during the code blue procedures, the defense was able to demonstrate that the patient most likely suffered a respiratory arrest unrelated to any blood loss or hypovolemia. The defense also argued that the complications and ultimate death were caused by infection and septic shock.










Caryn L. Bellus

Kubicki Draper

Phone: 305-982-6634 



The Amicus Committee is seeking FDLA members ready, willing

and able to author amicus briefs.





Benjamin A. Kashi, Esq.

Cooney Trybus Kwavnick Peets PLC

Phone: 954-568-5091






J. Charles Ingram, Esq. 

Estes Ingram Foels & Gibbs PA

Phone: 407-481-9449



David A Corso, Esq.

Fisher Rushmer

Phone: 407-843-2111





Michael B. Bittner, Esq.

Marks Gray

Phone: 904-398-0900



The FDLA Government Law Committee is seeking a committee chair. If you are interested in this position, please contact 
the FDLA office ( / 813-885-9888) or 
FDLA President, Dale Paleschic ( / 904-791-9191).



Christienne H. Sherouse, Esq.

Gaebe Mullen Antonelli & DiMatteo

Phone: 305-667-0223



Michael P. Spellman, Esq.

Sniffen & Spellman PA

Phone: 850-205-1996






John A. Chiocca, Esq.

Chiocca & Chiocca PA

Phone: 561-253-0230




Heath L. Vickers, Esq.

Marks Gray

Phone: 904-398-0900





Mark C. Greene, Esq.

Banker Lopez Gassler PA

Phone: 813-221-1500



Larry D. Smith

Southern Trial Counsel PLC

Phone: 407-422-6100






Carrie M. Roane, Esq.

Guilday Schwartz Simpson West Hatch & Lowe PA   

Phone: 850-224-7091



Renee F Knaust, Esq.

Beytin McLaughlin

Phone: 813-226-3000






Matthew J. Lavisky, Esq.

Butler Pappas Weihmuller Katz Craig LLP

Phone: 813-281-1900



The TAQ committee continues to publish articles of interest

to the membership.




Reinaldo Alvarez

Luks Santaniello Petrillo & Jones

Phone: 305-377-8900






John M. Miller, Esq.

Henderson Franklin Starnes & Holt PA

Phone: 239-344-1310



Mark J. Rose

Roig Tutan Rosenberg Martin & Stoller

Phone: 954-462-0330




If you are interested in joining-or becoming active in any of FDLA's committees, please contact either the Committee Chair or the FDLA office (


Join a Committee TODAY!!





Aaron Davis Selected to American Bar Association 


The complex civil litigation firm of Thornton, Davis & Fein, P.A. congratulates Aaron Davis on his recent selection to the American Bar Association's Tort Trial & Insurance Practice Section (TIPS) NOW! Fellowship. TIPS NOW! is a leadership initiative that brings young leaders into TIPS. Only five to six attorneys are chosen nationwide for each annual TIPS NOW! class. The Fellows are appointed to funded positions on TIPS standing committees.  Aaron has been an active member of the American Bar Association since  2009, serving  as vice chair on the ABA TIPS Product Liability Committee from 2013-2014, writing articles for the committees' newsletter, and presenting at the 2014 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Conference.  He is excited and honored to continue to work with the ABA in an expanded role as a TIPS NOW! Fellow.

Aaron Davis' practice focuses on complex civil litigation matters including product liability, intellectual property, class actions, antitrust litigation, unfair and deceptive trade practices, premises liability and general liability cases. He has successfully litigated numerous high-exposure product cases involving tires and motor vehicles. He has also handled cases involving pharmaceutical drugs, aviation products, and banking security.  




Left to Right: Ilana Lazarus, Carmen Y. Cartaya, James C. Sawran, Kimberly Kanoff Berman, Bruno Renda

 McIntosh Sawran & Cartaya, PA named 

 Corporate Partner of the Year!


McIntosh Sawran & Cartaya, P.A. was named Corporate Partner of the Year at Nova Southeastern University's Sixteenth Annual Student Life Achievement Awards Ceremony (a/k/a "Stuey" Awards). The Stuey Awards recognize members from the entire NSU community who have distinguished themselves throughout the year. NSU has a total of 7,731 corporate partners, of which five finalists were nominated for the award this year. The nominees included Baron Marketing, Broward Sheriff's Office, Quarterdeck Restaurant, Target Corporation and McIntosh Sawran and Cartaya, P.A. Votes for this prestigious award are cast by thousands of members of the NSU community, including all students and faculty members.


Headquartered in Fort Lauderdale, the firm also maintains offices in Miami, West Palm Beach and Orlando.




Roig Lawyers Co-Presents Insurance Defense and 

the Tripartite Relationship, Including Ethics   


Roig Lawyers, a minority-owned multi-practice litigation law firm dedicated to serving clients across six offices throughout Florida, is pleased to announce that Miguel R. Roura co-presented "Insurance Defense and the Tripartite Relationship, Including Ethics" at The Florida Bar Continuing Legal Education Committee and Young Lawyers Division one day course "Basic Insurance Law 2015"  at the Tampa Airport Marriott on May 29, 2015.


The one day course is a basic overview of Insurance Law intended for the new attorney or attorneys new to the practice.


Miguel concentrates his practice in the areas of Personal Injury Protection (PIP)/ No-Fault litigation and fraud (SIU) investigations. He also defends clients in cases involving bodily injury, uninsured motorist, property damage, and general liability litigation. The identification and investigation of fraudulent claims represents a significant portion of Miguel's practice.


Miguel is a graduate of Stetson University College of Law (J.D., 2008) and the University of Florida (B.A., 2004).




McIntosh Sawran & Cartaya, P.A. Relocates 

its West Palm Beach Office


The law firm of McIntosh Sawran & Cartaya, P.A., proudly announces the relocation of its West Palm Beach office to 515 N. Flagler Drive, Suite P-300.

Contact numbers remain as follows: 

561 682-3202 (telephone)

561 682-3206 (fax)


The firm also maintains offices in Fort Lauderdale, Miami and Orlando.


Roig Lawyers Sponsoring 23rd Annual FIFEC Conference June 10-12, 2015 in Orlando, FL


Roig Lawyers, a minority-owned multi-practice litigation law firm dedicated to serving clients across six offices throughout Florida, was a proud sponsor of the 23rd Annual Florida Insurance Fraud Education Committee (FIFEC) Conference, June 10-12, 2015 in Orlando, FL. Nelson C. Bellido, managing partner of the Miami office, attorneys Miguel R. Roura and Diego J. Arrendondo, and a healthcare policy advisor presented  "Mechanisms Available to Adjusters During Review for Regulatory and Compliance Issues" at the conference.

The presentation focused on recent developments in the law, insurance adjuster review process for regulatory compliance issues, administrative regulation and the relationship to Personal Injury Protection (PIP) under statute 627.732(11), and PIP amendments and licensing issues.


FIFEC is a non-profit corporation comprised of special investigative unit investigators, law enforcement personnel and dedicated individuals whose purpose is to organize and present an annual statewide educational seminar related to deterring, detecting, investigating and prosecuting insurance fraud. FIFEC is proud of its mission to provide insurance fraud education and training by giving grants to the law enforcement and criminal justice community that attend what is now known as the annual FIFEC Conference.



   January 13-18, 2016








FDLA is thrilled to return to Big Sky, Montana for the 2016 Winter Seminar!!  Those of you who have been with us in Big Sky for past Winter Seminars know how fantastic a place it is.  Please plan to join us for the 2016 event, January 13-18, 2016. 



In keeping with FDLA Winter Seminar tradition, CLE programs are exceptional and 2013 will be no different. The program has become known for lively discussions and exchange of cutting-edge ideas.


The mountain at Big Sky is massive, with plenty of trails for all ski levels, and even on the holiday weekend, even at the main lift area at the bottom of the mountain, there are no lift lines.  The resort is very accommodating, welcoming, and eager to have us back. 



The airport at Bozeman is an easy shuttle ride away, and several of the major airlines have many flights in and out each day. 


Prices at Big Sky are very reasonable, much lower across the board (rooms, lift tickets, rentals, food) than at the popular Colorado and Utah ski resorts.  There are several fun restaurants and shops within shouting distance of our lodging, and you can take advantage of Big Sky's proximity to Yellowstone (about an hour and a half) and tour the park either on snowmobiles or in snow coaches. 


As always, we must have a minimum number of registrations by a certain date. The number is 25 and the date is July 10, 2015.  That date is just around the corner. Go ahead and send in your registration and deposit now.


The seminar brochure is available on the FDLA website. Click on the link below to download the PDF brochure:



Deadline is July 10, 2015!! 




2015 FDLA Annual Meeting 


 - August 6-8, 2015 -




The Vinoy® Renaissance 

St. Petersburg Resort and Golf Club


Join FDLA for the 2015 Annual Meeting!




A gem on the downtown waterfront, The Vinoy blends historic 

charm and a rich past with modern luxuries and amenities.


For 85 years, this St. Petersburg luxury hotel has been - and 

always will be - a place to relax, play, indulge, and 

savor the good life


Come enjoy the "good life" - join friends and colleagues at the 

FDLA Annual Meeting!

FDLA Website at


Click on the link below to download the registration brochure:



7.0 CLER will be requested from The Florida Bar 

for the seminar.



Reserve your room NOW for the meeting. 
Reservations can be made on-line through the following link:



 If you prefer the option of phone reservations, please use the following dedicated Group Reservations phone numbers to make sure you are able to access special 

block rates:


Reservations Toll Free:  1-888-789-3090

Reservations Local Phone:  1-888-303-4430


Contract room rate for the meeting is $169.00++ per night.



Reservation cut off date is July 10, 2015  


19th Annual Florida Liability Claims Conference



It was another successful Florida Liability Claims Conference at Disney's Contemporary Resort in Lake Buena Vista, Florida, June 3-6, 2015. Over the past 19 years, this conference has grown and expanded to become one of the finest educational conferences in Florida for insurance industry professionals and civil defense attorneys.  Attendees at the conference have the opportunity to interact with clients and colleagues in an informal setting as well as receiving cutting edge CLE.


For the first time, the FLCC offered an adjuster track-with specific courses providing needed credit for insurance personnel.  The track consisted of the 5-hour Law and Ethics Update seminar for 5-620 All Lines Adjusters covering Regulatory Awareness, Insurance Law and Updates, Ethical Requirements and Disciplinary and Industry Trends. Additional adjuster credits were available in law & policy (9 hours), Ethics (2 hours) and optional (2 hours).  This track was well received and appreciated by a record number of adjusters attending.


Sessions were presented on a wide-range of topics with something of interest to all-attorneys and insurance personnel.  Topics include Using Policy Conditions to Respond to Civil Remedy Notices in Order to Avoid Bad Faith; Bring Your Own Device to Work -Protecting Company Data; Update On MSP Compliance - Case Law on Liability Conditional Payments and Liability Set Asides; Litigating the Independent Contractor Premises Action; Case Law Update; PIP Loopholes Found in the Deductible, Drugs, Prescription/ Mileage Statute of Limitations, and EMC; Trigger Theories In Construction Defect/Property Litigation In Florida: Evolution From Manifestation To Injury-In-Fact And Back Again; Persnickety Proposals for Settlement;  Update on Damages Caps in Florida and Nationwide: Evolving Trends and the Likely Upholding of These Limitations in Light of Constitutional Challenges; Controlling Damages to Avoid Damage Control: Creative Strategies At All Phases of Litigation to Outplay Your Opponent; Medical Malpractice Update-Patient Safety Organizations, Hospital Liability, and Causation; PIP Case Law Update; Product Liability-Differences in the Restatement 2d and Restatement 3d of Torts as Relates to Product Liability Claims AND Various Nuances of Failure to Warn Claims; 3d Laser Documentation & Analysis;  Predicting the Future: Foreseeability of Criminal Acts in Negligent Security Claims;  An Overview Of The Dynamics Of Slip/Trip/Fall, The Associated Biomechanics Of Injury Causation, And Applicable Standards And Technical Methods; Trial Strategies For Millennial Jurors;  Best Practices: Resolving Multiple Claimant Situations In Cases With Low Policy Limits In Florida;and Ethical Issues in Using Social Media in Litigation.  












The Florida Bar approved the 2015 FLCC for 17.0 General CLER credits (including 2.50 ethics), 17.0 Civil Trial certification credits.


For the number of credit hours for both adjusters and Florida lawyers, it is hard to beat the price of the FLCC! 


Thank you to everyone who contributed time, effort and talents to make the 2015 conference successful.  Special thanks to the 2015 Conference chair, Daniel J. Santaniello; to all the speakers who gave their time preparing materials and speaking at the conference; and to ALL the sponsors and exhibitors.





The 20th Annual Florida Liability Claims Conference 
is June 8-11, 2016 at Disney's Contemporary Resort. 

Mark these dates are on your calendars now,
let your clients/colleagues know about the conference 
and watch for additional details in early 2016!




The election of Officers and Board of Directors of the Florida Defense Lawyers Association will take place as part of the Association's Annual Meeting on Saturday, August 8, 2015, beginning at 8:00 am. 


Nominations are being accepted for the positions of the Officers of the Association and Members of the Board of Directors.  The chair of the Nominating Committee is FDLA Immediate Past President, Daniel J. Santaniello.


If any member has an interest in serving as an Officer or Member of the Board of Directors, or would like to nominate any other member of FDLA for a position, please contact Dan Santaniello or the FDLA office.



Dan Santaniello

Phone: 888-372-8711



FDLA Office

Phone: 813-885-9888 



Copyright © 2015


deFENSE POST is published four times a year by the Florida Defense Lawyers Association.


While information in deFENSE POST is believed to be accurate, it is recommended that interested parties telephone or write to the submitting attorney named in each case report or article before incorporating the information into their work product.


Items of interest to the membership are welcome and may be sent to the Association office for inclusion in deFENSE POST.


Linda L. Jude, Executive Director

Florida Defense Lawyers Association

6105 M Memorial Highway

PO Box 260037

Tampa, Florida 33685

Phone:(813) 885-9888

Fax:(813) 885-5547