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Michael A. Packer

Shareholder
Co-Chair, Insurance Coverage/ Bad Faith Litigation Practice Group
100 Northeast 3rd Avenue
Suite 1100
Fort Lauderdale, FL 33301
(954) 847-4921
(954) 627-6640 - Fax
mapacker@mdwcg.com

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.

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

Published Works

  • "Relief in Sight for Florida's Assignment of Benefits Crisis," Daily Business Review, May 7, 2019

  • “Constant or Repeated Seepage Over a Period of 14 Days or More,” Defense Digest, Vol. 24, No. 2, June 2018

  • "Solving One of the Greatest Mysteries of Florida Property Law--Florida's Valued Policy Law," Defense Digest, Vol. 22, No. 1, March 2016

  • "Bill Would Change How Mitigation Companies Do Business," Daily Business Review, March 3, 2015

  • "Make Effective Mediation Your New Year's Resolution," Claims Journal, Windstorm Conference Edition, January 2015

  • Case Law Alerts, regular contributor, 2015-present

  • "Why Insurers Shouldn't Produce Claims Files in Florida," Claims Journal, September 2014

Media Commentary

Education

  • University of Miami School of Law, Coral Gables, FL (J.D., 1997)

    Honors: cum laude

  • State University of New York at Albany, Albany, NY (B.A., 1994)

Pages

Law Alerts February 9, 2019
Edited by Allison L. Krupp, Esq. PA Supreme Court Overturns Decades of Case Law Addressing Household Vehicle Exclusion Court holds HHE violates § 1738 when insured selected and paid for stacking under two policies issued by a single insurer..., 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...
Law Alerts January 31, 2019
edited by Allison L. Krupp, Esq. Claims dismissed in absence of evidence of residency   Gerow v. State Auto Prop. & Cas. Co., 3:17-cv-203 (W.D. Pa. 2018) In this breach of contract/bad faith action, the Western District Court..., 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...
Defense Digest Article June 1, 2018
Defense Digest, Vol. 24, No. 2, June 2018 By Michael A. Packer, Esq.* Key Points: Homeowners “all risks” policy exclusionary clause regarding “constant or repeated seepage over a period of 14 days or more”..., Some variation of the exclusionary clause, “constant or repeated seepage over a period of 14 days or more,” appears in almost every homeowners policy issued in Florida. Its purpose is clear—to control and limit liability for a..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts April 1, 2018
Hicks was insured under an “all risks” policy. While Hicks was out of town for an extended period of time, the water supply line to his refrigerator began to leak, slowly at first and increasing over time to the point that it was leaking..., 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 July 1, 2017
The Third District Court of Appeals recently affirmed a trial court’s denial of a homeowner’s motion to compel a second appraisal of his windstorm claim. The appellate court agreed that an insured was not entitled to have the appraisal..., Case Law Alerts, 3rd Quarter, July 2017 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 January 3, 2017
The Florida Supreme Court reversed the appellate court and concluded the insured homeowner was entitled to coverage under an “all-risk” homeowners policy after the home sustained damage from both construction defects and hurricane wind/..., Case Law Alerts, 1st Quarter, January 2017. 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...
Defense Digest Article March 1, 2016
By Michael A. Packer, Esq.* Key Points: Florida’s Valued Policy Law provides that when any building or structure sustains a total loss as a result of covered peril or a partial loss as a result of fire, the liability for said loss..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts August 25, 2015
Florida 4th DCA holds that PIP endorsement is ambiguous and insufficient to authorize application of reimbursement limitations set forth in Florida Statutes. In Orthopedic Specialists a/a/o Kelli Serridge v. Allstate Insurance Company, 40 Fla. L...., 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

Aug 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...
Apr 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...
Seminar Sep 17, 2014
*Complimentary breakfast begins at 8:00am and lunch will be provided. Join the attorneys of Marshall Dennehey for a comprehensive review of the latest legal trends in Medicare, Bad Faith, Social Media Discovery and more..... Topics include:...
Conference Jan 19, 2015
Michael A. Packer, shareholder in Marshall Dennehey's Fort Lauderdale office, will present at the 16th Annual Windstorm Insurance Conference, January 19-22 in New Orleans. He will participate as a panelist for the workshop, “Return to...

Education

  • University of Miami School of Law (J.D., cum laude, 1997)
  • State University of New York at Albany (B.A., 1994)

Bar Admissions

  • Florida, 1997
  • U.S. District Court Southern District of Florida, 1997
  • U.S. District Court Middle District of Florida, 2006
  • U.S. District Court Northern District of Florida, 2007

Associations & Memberships

  • American Bar Association
  • Defense Research Institute, 2013
  • Florida WIND, 2012, 2013
  • The Florida Bar

Honors & Awards

  • AV® Preeminent™ by Martindale-Hubbell®
  • South Florida Legal Guide - Top Lawyers in Insurance Litigation Defense, 2016, 2017, 2019
  • South Florida Legal Guide – Top Lawyers in Insurance Litigation, 2014
  • South Florida Legal Guide - Top Lawyers, 2013
  • Florida Trend's Legal Elite - Top Up and Comer, 2012

Year Joined Organization: 2007

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