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David W. Henry

Shareholder
Landmark Center One
315 E. Robinson Street, Suite 550
Orlando, FL 32801
(407) 420-4418
(407) 839-3008 - Fax
dwhenry@mdwcg.com

David focuses his practice on matters involving business and insurance disputes, employment claims, products and professional liability suits, and business torts for insurers and both public and privately held companies. As a Florida Supreme Court Certified Civil and Appellate Mediator, he serves as a civil mediator for business litigation, construction defect claims, fiduciary liability, insurance coverage and  personal injury claims. David represents a diverse range of clients in state and federal court, and his background in business litigation includes E&O and D&O litigation, homeowners association litigation (HOA), deceptive trade practice suits, copyright and trademark litigation, defamation and privacy claims. He is also experienced in employment disputes involving Title VII, ADEA, whistleblower suits and other workplace claims.

Additionally, David has litigated coverage issues involving aviation, marine, construction and professional liability in state and federal courts. He has substantial experience in the defense of first and third party coverage litigation, including litigation flowing from Coblentz agreements in Florida. 

David is a member of the National Academy of Distinguished Neutrals, an association of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution.

David is rated AV® Preeminent™ by Martindale-Hubbell.  He frequently speaks to lawyers and insurance professionals across the United States on issues relating to liability insurance, litigation management and effective mediation advocacy.

He is a graduate of Emory University and received his juris doctor from the University of Florida College of Law. Before entering law school, he was a Robert T. (Bobby) Jones Fellow to the University of St. Andrews, Scotland. He is admitted to practice in Florida as well as the U.S. Court of Appeals 11th Circuit and the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

Classes/Seminars Taught

  • Mediation as a Dark Art, FDLA sponsored Florida Liability Claims Conference, June 2018

  • The Next to Last Mediation Seminar You Will Ever Need, Orange County Bar Association, June 2018

  • Effective Use of Mediation for Claims Professionals, Client Seminar, June 2018

  • Insurance Agent / Broker E&O – Claims Prevention and Defense in 2018 and Beyond, Client webinar, February 2018

  • Engagement Letters for Mediators, Webinar, Florida Bar ADR Section, April 11, 2017 

  • Casting Light on the Dark Art of Mediation, Florida Bar Winter Meeting, January 2017

  • Insurance Agency E&O and Other Swirling Eddies of Contradiction, 10th Annual Errors & Omissions Insurance ExecuSummit, June 2016

  • Insurance Agent E&O Claims Prevention and Defense – The Road Ahead in 2016, Client Seminar, March 2016

  • CPCU Society Webinar: Agent & Broker E&O - A New Lens for Viewing Exposures, September 18, 2015

  • Big Bombs Need a Long Fuse: Effective Mediation for E&O Claims Professionals, Annual E&O Insurance ExecuSummit, June 2015

Publications

  • "Crushing It At Mediation!" newsletter of the ADR Section of The Florida Bar, April 2018

  • "Insurance Agent E&O Claims Prevention and Defense," Insights, The Institutes CPCU Society, Summer 2017

  • "Conflicts Between Carriers and Insureds at Time of Settlement: Mediating Professional Liability Claims," Defense Digest, Vol. 23, No. 2, June 2017

  • Case Law Alerts, regular contributor, 2016-present

  • Mediation Notes, 2015-present

  • "Mediation as a Dark Art: A Mediator’s Message to Parties Seeking to Settle a Difficult Case,” Business Law Today, pub. American Bar Association, Business Law Section, March 2014

  • “The Litigator’s Guide to Successful Mediation Advocacy: The Case for Mediation Optimization Orders,” For the Defense, March 2012

  • “Improving Civil Mediation Practice and the Case for Mediation Optimization Orders," The Briefs, Aug. 2011 vol. 79  n. 8 (article on civil mediation advocacy)

  • “Insurance Coverage for Intellectual Property Claims,” The Briefs, vol. 77 no. 6 (June 2009)

  • “Big Bombs Need a Long Fuse: Effective Mediation in Complex Cases,” For the Defense, October 2007

  • “Running A Good Litigation Practice: 10 Rules for New and Not So New Litigators,” Trial Advocate Quarterly, Vol. 23, n. 1 (Winter 2004)

  • “Speaking Candidly About Candor,” National Underwriter, vol. 109, no. 21 May 30, 2005

  • "Injecting Aesthetics Into the Industry: The First Element of the Human Voice," National Underwriter, P& C ed. vol. 107 no. 32 August 11, 2003

  • "Insurance Agents E&O Exposure in the Hard Market," PLUS Journal (Oct. 2002), republished Agent & Broker Solutions, vol. 16 no. 1 (Feb. 2003) (with James T. Harrison, Jr.)

  • "Agency Management Based E&O Underwriting," PLUS Journal, October 2001

  • "The Accidental Jurist," The Briefs, Orange County Bar Association, Vol. XVII, No. 12 (May 1990); republished in the Bulletin Board, Seminole County Bar Association (Oct.-Nov. 1990); republished in The Record, Journal of the Appellate Practice and Advocacy Section, The Florida Bar, vol. IV, no. 3 (March 1996)

  • "Executive Forum," Hotel & Motel Management, vol. 209 n.8 April 4, 1993 (topic: hotel security)

Pro Bono Activities

  • Citizens Dispute Resolution Service - Orange County Bar

Certifications

  • Florida Supreme Court Certified Circuit Civil and Appellate Mediator

Education

  • University of Florida College of Law, Gainesville, FL (J.D., 1988)

  • Emory University, Druid Hills, GA (B.A., 1985)

  • University of St. Andrews, Fife, Scotland, UK (1983-84)

    Robert T. (Bobby) Jones Fellow

Pages

Mediation July 1, 2018
Mediation May 16, 2018
Mediation April 25, 2018
Law Alerts April 1, 2018
A moving and storage company in California tendered the defense of a personal injury suit to Transguard, which denied coverage. The agent, Maciolek, was alleged to be a representative of Transguard who told the insured that Transguard had accepted..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts March 1, 2018
By David Henry, Esquire Key Defenses to E&O Claims That Really Aren’t     One of the most important defenses in a failure to procure claim against an insurance agent is not technically a defense—it is something a..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Mediation February 8, 2018
Mediation February 1, 2018
Mediation January 17, 2018
Mediation December 13, 2017
Law Alerts December 4, 2017
Edited by David J. Shannon, Esq. Despite the Smell, No Counterfeiting Found in Perfume Trademark Infringement Case   A New York federal judge recently found in favor of Coty, Inc., the producer of high-quality perfumes associated with Calvin..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...,    

Pages

August 25, 2017
David W. Henry, shareholder in Marshall Dennehey's Orlando office and a member of the firm's Professional Liability Department, will co-present a CLE seminar on medical malpractice mediation at The Florida Bar’s Advanced Medical Malpractice 2017 seminar on September 8, 2017, in Fort Lauderdale, Fla...
May 27, 2015
David W. Henry has joined Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm’s Orlando office. A member of the Professional Liability Department, he focuses his practice on matters involving business and insurance disputes including employment claims, professional liability...
Seminar Nov 4, 2016
This seminar will focus on an often overlooked area of liability insurance – covering copyright, trademark and patent litigation. The seminar will also explore the various insurance coverages that are available, discussed some of the insurance...
Conference Mar 30, 2017
The 8th Annual Intellectual Property Law Symposium will be held March 30-31, 2017, at the Sonesta Fort Lauderdale Beach.   David Henry, along with Robert O'Shea of Beecher Carlson, will be presenting on the topic "Insurers Say Yes...
Seminar May 11, 2017
Given the fast pace of today’s business world and the ever-changing world of construction growth, understanding the current state of the law with respect to construction insurance coverages is paramount for those involved in the construction...
Conference Sep 28, 2017
David W. Henry  will be making his “Casting Light on the Dark Art of Mediation” presentation at the 2017 Annual Meeting of the Florida Defense Lawyers Association. Join him at Westgate’s River Ranch Resort for this...
Seminar Oct 31, 2017
David Henry, Shareholder in our Orlando office, will be presenting on the topic of Mediation of Traumatic Brain Injury Cases where he will cover everything from setting the stage for successful mediation to end game techniques.   For more...
Seminar Jan 12, 2018
Daivd Henry, Shareholder in our Orlando office, will be presenting with Mindy McLaughlin and Jay Cohen on the topic of "Casting Light on the Dark Art of Mediation - 360 Degrees of Perspective" For more information and to register for this...
Seminar Jun 5, 2018
Join David Henry, Shareholder in our Orlando office, in this no-holds-barred and candid discussion of what works, what doesn't and the very best practices for attorneys, insurance carriers and litigants participating in civil mediation. The...
Conference Jun 19, 2018
David Henry will present on the topic "The Weird, Wacky and Wonderful: Special Problems in E&O Claim Settlements".  This provocative session will deal with unusual claims handling problems and non-traditional methods of resolving...
Seminar Sep 20, 2018
Florida Casualty Claims Symposium 2018 – Casino Royale Join the Marshall Dennehey attorneys for a complimentary seminar discussing trending topics in Casualty in the state of Florida. Agenda Topics: Negligent Tenants Expose Negligent...

Education

  • University of Florida College of Law (J.D., 1988)
  • Emory University (B.A., 1985)
  • University of St. Andrews (1983-84)

Bar Admissions

  • Florida, 1988
  • U.S. Court of Appeals 11th Circuit
  • U.S. District Court Middle District of Florida
  • U.S. District Court Northern District of Florida
  • U.S. District Court Southern District of Florida

Associations & Memberships

  • The National Alliance for Insurance Education & Research, Continuing Education Instructor
  • Defense Research Institute, (2005-2007) - Commercial Litigation Committee and ADR Committee; Chair, Intellectual Property Litigation Subcommittee; (2004) - Program Chair, DRI Intellectual Property Litigation and Insurance Seminar
  • Florida Bar Association, Executive Council ADR Section
  • Florida Defense Lawyers Association, (2009-2011) - Chair, ADR Committee; (2010 and 2011) - Douglas P. Lawless ADR Award; (2011) - President’s Award
  • National Academy of Distinguished Neutrals (NADN)
  • Orange County Bar Association, Chair, Business Law Committee (2004-2005)
  • Society of Certified Insurance Counselors, National Faculty (1995 to present)

Honors & Awards

Year Joined Organization: 2015

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