Michael A. Packer

Michael is a member of a firm wide, multidisciplinary group - Marshall Dennehey COVID-19 Task Force - created to address and support your real-time legal and business concerns in response to the coronavirus pandemic.

Michael is the firm's supervising attorney for the Insurance Coverage and Bad Faith Practice Group in the state of Florida. The group assists insurers in all aspects of a coverage dispute, including responses to civil remedy notices of insurer violations, pre-suit investigations and coverage evaluations, declaratory judgment and bad faith litigation. In particular, Michael defends property insurers throughout Florida in first party coverage matters, where he responds to claims for sinkhole, windstorm, fire, mold, theft, and water losses. Michael's group also conducts examinations under oath and SIU investigations.

In both the state and federal courts, Michael has participated in a number of bench and jury trials through verdict, all of which resulted in either a defense verdict or a verdict which was less than the amount demanded.

In addition, Michael is often asked to serve as coverage and bad faith counsel in third party actions, including monitoring the defense of litigation, as well as trial. As part of this role, Michael is often asked to draft reservation of rights, declinations and prosecute declaratory relief actions.

Michael has substantial experience in alternative dispute resolution, having represented clients in thousands of mediations, neutral evaluations and arbitration proceedings. Michael routinely advises clients on the evaluation and resolution of multi-claimant matters, often times where the injuries and damages exceed the available policy limits.

Over the past ten years, Michael and his group have defended in excess of three hundred sinkhole lawsuits, as well as hundreds of other first party lawsuits. The group has defended a number of cases through trial and appeal, including four sinkhole trials during recent years. In addition, the group represents more than ten statewide insurance carriers in first party property damage lawsuits, including four out of the five largest carriers in Florida.

Michael routinely speaks at regional and nationwide industry conferences, specifically addressing coverage issues under first party property and third party liability policies. He has also presented a number of seminars on auto negligence, uninsured motorist and bad faith claims. Michael frequently travels around the country to provide in-house claims seminars with claims professionals. In addition, he has lectured on defending first party property damage claims including sinkhole and mold claims, which included review and analysis of claims handling procedures, as well as recommendations for the same. Michael has also written numerous articles for industry publications addressing Florida-specific claim handling issues and insurance companies’ rights and obligations in defending first and third party coverage actions.

In 1994 Michael earned his Bachelor of Arts from the State University of New York at Albany. Subsequently, Michael obtained his juris doctor in 1997 from the University of Miami School of Law, Coral Gables, Florida, where he graduated cum laude.

Michael is married to Nicole Packer and they live with their three children in Weston, Florida.

Honors & awards

AV Preeminent by Martindale-Hubbell

South Florida Legal Guide - Top Lawyers in Insurance Litigation Defense
2016, 2017, 2019, 2020

South Florida Legal Guide - Top Lawyers in Insurance Litigation
2014

South Florida Legal Guide - Top Lawyers
2013

Florida Trends Legal Elite - Top Up and Comer
2012

Year joined

2007

Results

Defense verdict for insurance carrier in first party property, breach of contract dispute in the Circuit Court of Palm Beach County.

Insurance Services
March 1, 2020

A water heater leak in a garage caused direct physical damage to the property, and our client paid the plaintiffs $956.95 for damages sustained to the garage, after applying the $1,000 policy deductible. The plaintiffs claimed that the defendant breached the contract of insurance by failing to fully indemnify them for all the property damage caused by the water leak.

Insurance Coverage Case Dismissed

Insurance Services
August 25, 2016

In an insurance coverage and bad faith case, Marshall Dennehey attorneys obtained a dismissal of a declaratory judgment action seeking $750,000 in business income damages. The court granted the motion to dismiss, agreeing with the defendant's argument that the loss was not covered pursuant to a sewer water exclusion contained in the insurance policy. The plaintiff argued the sewer water exclusion did not apply to the business income coverage.

No Breach of Umbrella Policy in this Insurance Coverage Case

Insurance Services
April 21, 2016

Obtained final summary judgment in favor of a major insurance carrier. The plaintiffs filed suit for breach of an umbrella policy after their claim for $1 million in uninsured motorist benefits was denied because the plaintiffs failed to maintain the required underlying auto insurance.

Thought Leadership

Marshall Dennehey Announces COVID-19 Task Force

COVID-19 Task Force 2020
March 23, 2020
Through this very difficult time, and in response to emerging and uncertain legal developments arising from the coronavirus pandemic, Marshall Dennehey has assembled a firmwide, multidisciplinary task force to advise, address and support your lega

Phishing scheme is covered under a commercial crime policy.

Fort Lauderdale
Insurance Services
January 1, 2020
The district court held that the loss of more than $1.7 million to a sophisticated phishing scheme was covered under the commercial crime insurance policy and Case Law Alerts, 1st Quarter, January 2020 is prepar

On the Pulse...The Insurance Coverage/Bad Faith Litigation Practice Group Is Now the Insurance Services Practice Group

Philadelphia - Headquarters
Fort Lauderdale
Insurance Services
December 1, 2019
Through the years, our firm’s Insurance Coverage/Bad Faith Litigation Practice Group has evolved into a full-service insurance litigation solution for national and global insurance carriers. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

What Floridas Omnibus Insurance Bill Means for the Duty to Defend, Appraisal Process

Fort Lauderdale
Insurance Services
June 17, 2019

Relief in Sight for Florida’s Assignment of Benefits Crisis

Fort Lauderdale
Insurance Services
May 7, 2019

Legal Updates for Coverage and Bad Faith

Harrisburg
Insurance Services
February 9, 2019
Edited by Allison L. Krupp, Esq.

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Classes/Seminars Taught

Insurance Coverage and Bad-Faith Insurance Issues Under Florida Law, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014

Protecting Your Clients' Interest During Settlement, WIND Conference, 2013

American Conference Institute Bad Faith Litigation Conference (co-chairperson and lecturer) 2012

American Conference Institute Bad Faith Litigation Conference (lecturer) 2011

Media Commentary

What to Expect From Florida's AOB Reform Law, Insurance Journal, June 17, 2019

Florida Supreme Court Rules Against Insurer in Concurrent Loss Case, Insurance Journal, December 6, 2016