Kubicki Draper

In Fontainebleau Fla. Hotel, LLC v. Westchester Surplus Lines Ins. Co., No. 3D23-1264 (Fla. 3d DCA Mar. 19, 2025), the Third District held that business owners were not entitled to coverage for revenue losses from the suspension of business operations during the COVID-19 pandemic.? The policy’s Business Interruption Clause provided for “Loss of business income resulting from necessary interruption of business conducted by the insured, whether total or partial, and caused by loss, damage, or destruction covered herein during the term of the policy to real and personal property…”? Although the clause did not limit coverage to direct physical loss, the Court looked to the policy’s “Perils Insured Against” section to determine the type of “loss, damage, or destruction covered herein.” ?The Court held, “When read as a whole, the policy’s plain language shows that the loss, damage or destruction ‘covered herein’ refers to the Perils Insured Against provision, which explicitly requires ‘direct physical loss’ or property damage.” ? ? This case is yet another example of the courts’ intention to interpret policy provisions using their “plain language” and emphasizes the importance of reading the policy “as a whole” to determine coverage. View the opinion at: https://ow.ly/XsEz50VnlUR

We’re excited to share that KD has been named to the USA Today 2025 #TopWorkplace list! This recognition is especially meaningful because it’s based entirely on feedback from our employees, celebrating organizations with exceptional workplace cultures. Thank you to our incredible team for making this possible! Learn more at https://lnkd.in/gFrAEweB. #HR #recruiting #careers #workculture #culturematters

Happy Anniversary! #KDLaw #workiversary #KDFam #KDCelebrates

Bryan Krasinski and Jessica Prats from our Tampa office, along with Leeza Newman from our West Palm Beach office and Michelle Krone from our Ft. Myers office, attended the Construction Law Institute, hosted by the Real Property, Probate, and Trust Law Section of The Florida Bar. This two-day seminar brought together industry leaders, construction law practitioners, and contractors for discussions on cutting-edge construction law issues, providing valuable insights and networking opportunities.

KD team member Mark Young, Esq., JD, MBA, BS Civ. Eng., from our West Palm Beach office, participated in the annual Bench Bar Conference hosted by the Palm Beach County Bar Association. Mark delivered an insightful presentation covering Florida's new builder warranty law (HB 623) and Florida's Construction Lien Law. In addition to presenting, he also served as co-chair of the Construction Law Session for the conference. Thank you, Mark, for your dedication to the construction law industry! #KDLaw #Construction #ConstructionLaw #ProfessionalDevelopment #PalmBeach #Florida #Law #FloridaLaw

On International Womens Day, we celebrate the incredible women who make up more than half of our attorneys and staff. Their dedication, talent, and leadership drive our success every day. Here's to empowering and supporting women in the legal field and beyond! #KDLaw #womeninlaw #IWD

KD team members Caryn Bellus, from our Miami office, and Angela Flowers, from our Ocala office, recently represented KD overseas in Rome, Italy, during the strategic planning retreat hosted by the Appellate Section of the Florida Bar Association. Both Caryn and Angela are active members of the Executive Council of the Appellate Section. During the retreat, industry professionals engaged in educational sessions on European law, including a lecture on the canon law of the Catholic Church and a tour of the Italian Supreme Court. KD is proud to have Caryn and Angela represent KD on an international stage, furthering our commitment to professional growth and excellence in appellate law.

CE opportunities continue online! We invite clients and other insurance professionals to join us for our upcoming complimentary webinars. For more information, e-mail us at [email protected]. #KDLaw #Florida #Alabama #CE #CLE #Webinars

KD team members Kara Kennedy Byrnes and Sarah Goldberg, of our Jacksonville and Miami offices respectively, are slated to present at the 2025 Claims Conference & Insurance Services Expo, hosted by the Property & Liability Resource Bureau (PLRB). Don't miss their session, "Ace Your Investigation in Roof & Plumbing Claims," where they'll share key strategies and insights. If you're attending, be sure to connect with them in Indiana—they’d love to meet and discuss industry challenges with you! #KDLaw #Florida #Alabama #PLRB #ProfessionalDevelopment #firstparty

Happy Anniversary! #KDLaw #workiversary #KDFam #KDCelebrates