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Seth is a member of the Professional Liability Department where he focuses his practice on representing and defending clients in insurance coverage, and first party property claims and suits made against them. Prior to joining Marshall Dennehey, Seth served as in-house counsel for two separate insurance companies litigating first party property cases, and most recently, he also served as a member of the assignment of benefits and catastrophe (Hurricane) divisions. In addition to defending cases, Seth is also experienced in investigation, where he counseled and instructed his former claims departments in pre-suit matters.

In 2005 Seth received his juris doctor from Albany Law School, where he was an active participant in the Family Court Domestic Violence Clinic and Senior Prize Trials. After graduating from law school, Seth worked as an Assistant District Attorney in the Office of the Orange County, NY District Attorney for nearly a decade. During this time, Seth held positions in the Misdemeanor, General Crimes and Special Victims Units where he tried cases ranging from DWIs to Grand Larcenies to Sexual Assaults. 

Seth moved to Florida in 2015 where he began a new chapter in his legal career, working in the insurance industry, initially representing his insurance carrier employers in coverage disputes and first-party-property-related claims and suits.

    • Albany Law School (J.D., 2005)
    • University of Florida (B.S., 2000)
    • New York, 2006
    • Florida, 2015
    • U.S. District Court Southern District of Florida
    • U.S. District Court Middle District of Florida
    • U.S. District Court Northern District of Florida
    • On a Hurricane Irma case, Seth obtained a favorable award in a Court-ordered non-binding arbitration where the arbitrator found Defendant insurer was not liable and awarded the Plaintiff $0 in damages. This helped Defendant obtain a favorable resolution before trial.
    • Seth successfully defended a Motion for Partial Summary Judgment brought by Plaintiff where Plaintiff tried to argue that the necessary cost of tearing out and replacing non-damaged property in order to access plumbing was outside of Defendant's $10,000 Limited Water Damage Coverage Endorsement and Plaintiff should be able to recover in excess of the $10,000 limit.  Defendant had tendered the policy limit prior to commencement of the lawsuit. The court ruled against Plaintiff and in favor of Defendant finding that the cost of tear out and replacement was within the policy's endorsement and Defendant's total claim for damages was limited to $10,000. This ruling enabled Defendant to later obtain Summary Judgment against Plaintiff for having tendered the limits prior to commencement of action. Thus, Plaintiff had no cause of action for breach of contract.  
    • Defendant tendered payment for the full amount of invoices with the 90 day statutory period. Unbeknownst to Defendant, Plaintiff prematurely filed a lawsuit prior to Defendant's payment. Plaintiff tried to argue Defendant confessed judgment and Plaintiff's counsel was entitled to attorney's fees. Seth filed a Motion for Sanctions and Motion for Summary Judgment. Plaintiff dismissed the case with prejudice prior to the hearings.

Results

Thought Leadership

Legal Updates for Florida Coverage and Property Litigation

Third DCA Holds Presumption of Prejudice Applies to Any Post-Loss Obligation Defense When Insurer Establishes Insured’s Failure to Comply with Obligation

June 11, 2026

Universal Property & Casualty Ins. Co. v Alvarez, No.3D24-1853, Fla. 3d. DCA, May 13, 2026. At issue in this appeal was the trial court’s jury instruction regarding presumption of prejudice and post-loss obligation defenses. Alvarez filed a breach of contract action arising out of her insurance claim pertaining to alleged damage from Hurricane Eta. Universal raised several affirmative defenses, including Alvarez’s violation of her contractual post-loss obligations. At the start of trial, the court ruled that the legal presumption of prejudice was inapplicable to all of Universal’s post-loss obligation defenses except prompt notice. Universal opposed the ruling and continued to object at the charge conference. At trial, there was undisputed evidence that Alvarez failed to comply with multiple post-loss obligations, in addition to her failure to provide prompt notice, such as not providing requested documents and failing to preserve damaged property. Universal introduced a records request letter and testified that it never received the requested documents. Alvarez admitted she was aware of the records request, and that her uncle purchased materials and repaired the roof before Universal inspected it. Based on the court’s ruling at the start of trial, the jury was instructed that the presumption of prejudice only applied to Universal’s prompt notice defense and none of its other post-loss obligation defenses. The jury returned a verdict in favor of Alvarez, and the court subsequently denied Universal’s post-trial motions. Universal appealed the trial court’s entry of final judgment and denial of its post-trial motions for directed verdict or a new trial. On appeal, Universal contended the trial court erred in its jury instruction regarding the presumption of prejudice. In reversing the trial court, the Third DCA looked to its prior holding in American Integrity Ins. Co. v. Estrada, 276 So. 3d 905 (Fla. 3d DCA 2019). ‘In Estrada, we held that “when an insurer has alleged, as an affirmative defense to coverage, and thereafter has subsequently established, that an insured has failed to substantially comply with a contractually mandated post-loss obligation, prejudice to the insurer from the insured's material breach is presumed, and the burden then shifts to the insured to show that any breach of post-loss obligations did not prejudice the insurer.”’ Alvarez, at 4 (quoting Estrada, at 916). ‘In reversing the trial court, we instructed, “If American Integrity establishes that Estrada failed to materially satisfy any contractually mandated post-loss obligations, then the burden shifts to Estrada to establish that American Integrity was not prejudiced by Estrada's breach.”’ Id., at 4 (quoting Estrada, at 917) (emphasis added). The Third DCA found that the evidence at trial was sufficient enough to have required the trial court to instruct the jury on Universal’s presumption of prejudice to all of its post-loss obligation defenses. Since the court’s instruction to the jury was an inaccurate statement of law, the Third DCA ruled the trial court committed reversible error, and reversed and remanded for a new trial.

Legal Updates for Florida Coverage and Property Litigation

Insurer’s Failure to Raise Deficiency in Civil Remedy Notice at Appropriate Stage Amounts to Waiver of Argument at Summary Judgment

March 1, 2026

Frisco v State Farm Fla. Ins. Co., Case No. 2D2024-0464 (Fla 2nd DCA December 3, 2025). The plaintiffs appealed a final summary judgment granted in favor of State Farm in their bad faith lawsuit. The Friscos filed a homeowner’s insurance claim based on damage due to a contractor’s faulty work and later, filed a Civil Remedy Notice (CRN), frustrated by State Farm’s claim handling. The Friscos then filed a breach of contract action and State Farm responded by demanding appraisal. The trial court ordered appraisal, and State Farm paid the award. State Farm, in responding to the CRN, never mentioned a perceived deficiency in the CRN for the insured’s demand for attorney’s fees and costs. The insureds then filed the bad-faith lawsuit. State Farm did not timely file an answer, following the parties’ agreed order for an extension of time to do so, but instead moved for dismissal, or alternatively, summary judgment. State Farm argued the CRN was deficient, but not because of the demand for attorney’s fees and costs. The court denied the motion, ordering State Farm to answer. In a renewed motion for summary judgment, State Farm argued, for the first time, that the CRN was deficient because it demanded as a cure “extra-contractual damages” in the form of attorney’s fees and costs. The trial court granted summary judgment, finding that the CRN was “legally deficient” because it “impermissibly required State Farm to pay extra-contractual damages, such as attorney’s fees and costs", contrary to Talat Enterprises, Inc. v Aetna Casualty and Surety Co., 753 So.2d. 1278 (Fla. 2000). On appeal, the Second DCA found that State Farm waived its right to argue the Friscos’ allegedly deficient CRN by failing to raise it in its response or any other time before arguing its motion for summary judgment, more than four years after the Friscos filed the CRN. The court noted the well settled law that an insurer who responds to the merits of a CRN without raising defects in the notice waives the right to make any such objection later. Judge Atkinson, who concurred in result only, noted that the majority failed to address the trial court’s alternative ground for its ruling: the Friscos did not file a reply to State Farm’s affirmative defenses, they were precluded from arguing at summary judgment that State Farm waived its defense regarding the sufficiency of the CRN. Atkinson noted that the trial court erred because State Farm never asserted an affirmative defense for this specific deficiency, so no reply was required. However, because the Friscos did not raise the issue on appeal that no reply was necessary, the party presentation principle prevented the court from considering such an argument. Nonetheless, Atkinson opined that the trial court’s granting of summary judgment was incorrect due to the precise CRN language on which summary judgment was premised was not supported by the language of the statute or any binding decisional authority. Atkinson stated that on the merits, the trial court was wrong to conclude that the CRN was “legally deficient” on the basis that it requires payment of “unrecoverable extra-contractual damages, such as attorney’s fees and costs.” Based on the statutory language and the Talat analysis, a determination of whether an insured has satisfied the condition precedent described in Fla. Stat. 624.155(3) is not contingent on the insured’s contractual entitlement to the demands contained in a civil remedy notice. There is no controlling case law supporting the proposition that the lack of merit of what an insured demands in a CRN renders the notice deficient.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.