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Kathleen A. Carlson

Portrait of Kathleen A. Carlson

Kathleen is a member of the Casualty Department. She has experience litigating automobile liability, uninsured/underinsured motorist and general liability matters.

Prior to joining the firm, Kathleen was an associate with a state wide insurance defense firm in Jacksonville, where she focused her practice on the areas of automobile liability, uninsured/underinsured motorist, coverage matters, and bad faith litigation. Kathleen also served two years as judicial law clerk for the Honorable James A. Edwards of the Florida Fifth District Court of Appeal in Daytona Beach, Florida

A double Gator, Kathleen completed both her undergraduate and legal studies at the University of Florida, where she proudly served as an executive editor of the Florida Law Review.

Before attending law school, she worked as a freelance sports photographer for many of the major collegiate athletic programs in and around the state of Florida.

    • University of Florida Levin College of Law (J.D., cum laude, 2014)
    • University of Florida (B.A., cum laude, 2007)
    • Florida, 2014
    • U.S. District Court Middle District of Florida, 2018
    • U.S. District Court Northern District of Florida, 2018
    • The Best Lawyers: Ones to Watch©, Insurance Law (2024-2025)
    • The Best Lawyers: Ones to Watch®, Personal Injury Litigation (2025)
    • New FL Pilot Program for Remote Trials, Marshall Dennehey Special Alert, May, 2020
    • Note, Social Media and the Workplace: How I Learned to Stop Worrying and Love Privacy Settings and the NLRB, 66 Fla. L. Rev. 479 (2014)
    • Comment, Ryan v. Gonzales and the Potential Elimination of the Ineffective Assistance of Counsel Post Conviction Failsafe, 65 Fla. L. Rev. 1435 (2013)

Thought Leadership

Defense Digest

Splitting the Road: Navigating Uninsured Motorist Coverage of Divorced Spouses

June 1, 2024

Key Points: In Florida, a divorced or separated spouse of an auto insurance policyholder may be entitled to uninsured or underinsured motorist (UM) benefits under their former spouse’s auto policy.  The issue arises when the spouses divorce (or separate) and establish separate residences but do not remove the divorced or separated person from the policy.  Result will be heavily dependent on the facts and terms of the policy. Is the divorced or separated spouse of an auto insurance policyholder entitled to uninsured or underinsured motorist (UM) benefits under their former spouse’s auto policy? Surprisingly, maybe. Often an insurance policy issued to married spouses will list a single individual as the named insured and the other spouse as another insured or operator. An issue arises when the spouses divorce (or separate) and establish separate residences but that person is not removed from the policy. Certainly, the carrier did not intend for one personal auto policy to apply to multiple households. The policyholder is likely not even aware of the potential consequence. When separation or divorce is not reported to the carrier, the carrier has no way of independently knowing. As a result, insurers may continue affording UM coverage to the divorced spouse, believing they are still a member of the policyholder’s household. The carrier’s first notice of the divorce/separation may not even occur until the case is in suit and discovery is underway. Availability of UM coverage for the divorced or separated spouse is heavily dependent on facts and the terms of the policy. So, it is important to determine if the individuals and autos are covered. Outside of the named insured policyholder, for example, UM coverage may be afforded to a permissive user, resident relative, or household member. This policy language is important, as it is possible for a divorced or separated spouse to be considered a household member of the policyholder. This is because exclusory policy terms, such as “resident relative” or “household member,” must be construed as liberally as could reasonably be permitted under common use to give effect to the intentions of the parties and the purposes of insurance. Row v. United Services Auto. Ass’n, 474 So. 2d 348, 349 (Fla. 1st DCA 1985).  The test to determine if an individual is a member of the household is physical absence with no intent to return to the household. Sanders v. Wausau Underwriters Ins. Co., 392 So. 2d 343, 344 (Fla. 5th DCA 1981). Most of the Florida case law applying this residency/intent test is in the context of adult children and children of divorced parents, but is it easy to see the parallels if applied to a separated spouse? In American Security Insurance Co. v. Van Hoose, 416 So. 2d 1273 (Fla. 5th DCA 1982), the court held that a father and daughter were not members of the same household, even though the father provided a substantial amount of financial support to the daughter, but she lived in a different home. Importantly, the court recognized that a joint-household is not established just because one household is dependent on the other for support.  Outside of Florida, the same residency/intent standard has been applied to separated and divorced spouses. Although other state law is not binding on Florida, the out-of-state courts’ analyses demonstrate that the common theme throughout the case law concerning divorced spouses turns on residency and the parties' intent to return to the relationship/household. In some states, it is well-established law that a divorced spouse who does not reside with the policyholder is not a member of the policyholding spouse’s household. See, e.g., Crews v. Allstate Ins. Co., 373 S.E.2d 782 (Ga. App. 1998); Johnson v. Payne, 549 N.E. 2d 48 (Ind. App. 1 Dist. 1990). Similarly, in cases where the spouses are separated and not yet legally divorced, courts in many states consider the physical residency and the status of the relationship. See, e.g., Ledet v. Leighton, 736 So.2d 854 (La. Ct. App. 3d Cir. 1999); United Services Auto. Ass’n v. Akers, 729 P.2d 495 (Nev. 1986); Wall v. Heritage Mut. Ins. Co., 446 N.W.2d 75 (Wis. Ct. App. 1989); GEICO Casualty Company v. Collins, 371 P.3d 729 (Colo. App. 2016).  However, even if the former spouse is not a household member, there is still the potential for coverage under the policy depending on the vehicle occupied when the loss occurred. If the vehicle is listed on the policy, coverage may extend to the divorced spouse as a permissive user of the vehicle. In this instance, it is important for the carrier to determine if the vehicle garaging and residential information is accurate.  If a divorced spouse who resides outside of the policyholder’s home owns the vehicle and that vehicle is not listed on the policy, there may not be coverage to the divorced spouse. Similarly, if a divorced/separated spouse is traveling in a ride-share vehicle, like Uber or Lyft, it may be excluded by a covered or owned auto provision.  These situations are heavily dependent on specific facts and policy language. This issue can be easily overlooked. Once the carrier learns the former spouse is divorced from the policyholder, the carrier should gather the facts to evaluate the situation and potentially seek judicial clarification on the matter through a declaratory action or other appropriate filing. *Kathleen works in our Jacksonville, Florida, office.    Defense Digest, Vol. 30, No. 2, June 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2024 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.