Events

What Your Coverage Counsel Wants You to Know – But May Not Tell You
When: October 22, 2026 at 1:00pm – 2:00pm
Conference: Wilson Elser Forum: Insurance Coverage Best Practices
People: Dale S. Dobuler, Peter M. Moore and Jessica Forbes
A Claim Professional’s Overview of Proper Evaluation and Handling of Timed Policy Limit Demands to Avoid Extra-Contractual Exposure
When: May 8, 2025 at 1:00pm (ET)
Conference: Wilson Elser Insurance Coverage Master Class Series
People: Dale S. Dobuler, David Simantob and John H. Podesta
Thorny Issues, Strategic Solutions: Mastering the Legal Challenges of First-Party Appraisals
When: May 21, 2024 at 1:00pm (ET)
Conference: Wilson Elser Insurance Coverage Master Class
People: Jennifer Martin, Dale S. Dobuler and Graham R. Pulvere
Bad Faith: Recurring, Evolving and Emerging Issues - Part Two
When: June 15, 2023 | 1:00 p.m ET
Conference: Wilson Elser Insurance Coverage Master Class
People: Daniel E. Tranen, Jennifer Martin and Dale S. Dobuler
Bad Faith: Recurring, Evolving and Emerging Issues - Part One
When: June 13, 2023 | 1:00 p.m. ET
Conference: Wilson Elser Insurance Coverage Master Class
People: Daniel E. Tranen, Jennifer Martin and Dale S. Dobuler
First-Party Bad Faith: King of the Hill
When: May 5, 2022
Conference: Wilson Elser Insurance Coverage Master Class Series
People: Daniel E. Tranen, Jennifer Martin, Lisa M. Wilson and Dale S. Dobuler

Events

Dobuler and Freeman Prevail in Coverage Litigation Involving Employee’s Wrongful Death Claim

Dale Dobuler (Partner-Orlando, FL) and Nick Freeman (Partner-Orlando, FL) secured final summary judgment in an insurance coverage action in federal court seeking a declaration of non-coverage for an underlying wrongful death claim involving a commercial auto policy issued to a Florida-based business.  Prior to the coverage action,  plaintiff’s counsel issued a presuit demand of $1 million to the insured and its commercial auto carrier.

Dale and Nick argued that coverage for the plaintiff’s claim was precluded by certain policy exclusions for injuries involving the insured's employees. They filed a declaratory action in US District Court.

After establishing that the injury arose from or was directly connected to the deceased’s employment with the insured, the Court granted the carrier’s motion for summary judgment against the insured on two independent grounds. First, the insured failed to timely respond to the motion, despite being advised that failure to do so would render the motion unopposed under the applicable local rules. The Court therefore granted the motion as unopposed. Second, the Court granted the motion on the merits, adopting the reasoning set forth in the carrier’s motion and finding that the undisputed record established that the accident fell outside the policy’s coverage. Specifically, the Court determined that the insured was not entitled to coverage as a matter of law because the policy clearly excluded coverage for the accident under three separate exclusions. The order therefore fully resolved the declaratory coverage issue against the insured and established a lack of coverage for the claim.

Dale S. Dobuler and Nicholas D. Freeman

Freeman and Dobuler Prevail in Coverage Matter for Underlying Traffic Accident Fatality

Nicholas D. Freeman (Partner-Orlando, FL) and Dale S. Dobuler (Of Counsel-Orlando, FL) obtained summary judgment in favor of our client insurance company in a declaratory action on the lack of coverage for two severe underlying bodily injury claims and lawsuits brought by two different pedestrians who were injured during a traffic accident involving the client’s insured. While we defended the underlying claims and suits, it was the client’s position that the operative policy did not provide responsive liability coverage for the accident. After filing suit, Nick and Dale quickly moved for summary judgment on the lack of coverage under the policy for the two claims and prevailed in full on that issue. After the successful summary judgment ruling, they sought a final default judgment with respect to certain defendants who had been defaulted in the coverage action. During the subsequent hearing on that issue, Nick and Dale successfully defended against a motion to vacate the default brought by one of the defaulted defendants, and then were successful in obtaining final default judgment on the lack of coverage for our client and the remaining defaulted defendants, bringing the matter to a close and allowing the client to withdraw its defense of the underlying bodily injury suits.

Nicholas D. Freeman and Dale S. Dobuler

Dobuler Fends Off Potential Enormous Statutory Fees/Costs Award

Dale Dobuler (Of Counsel-Orlando) successfully defended a claim for fees and costs in the U.S. District Court, Northern District of Florida, for Wilson Elser's client, an international insurance company. The matter involved a complex first-party commercial property damage claim following hurricane destruction in Panama City. Our client promptly paid the claim, and the insured completed most of the repairs. Sometime later, the insured's public adjuster demanded millions of dollars in additional payments based on prospective repair estimates instead of actual repair costs. A premature suit was filed against Wilson Elser's client to compel appraisal and was stayed multiple times to allow the insured to comply with still-pending post-loss requests. Despite the insured's lack of cooperation, the claim was eventually placed into appraisal by the District Court, with an appraisal award entered in favor of the insured. Under Florida's former fee-shifting statute, the insured's counsel made a motion for entitlement to statutory fees and costs. While Florida law widely holds that a favorable appraisal award can constitute a "confession of judgment," resulting in entitlement to fees and costs, Dale demonstrated that the suit was improper and premature at filing, as claim adjustment was ongoing. The District Court subsequently denied the motion for fees, avoiding what would likely have been a very significant fee award.

Dale S. Dobuler