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941-924 6407

Kevin M. Murphy

I Respond Quickly And Give You A Clear Plan

Sarasota Insurance Defense Attorney

When evaluating outside counsel for complex Florida insurance claims, you require sophisticated Insurance litigation counsel with a proven track record of protecting carriers from unwarranted liabilities.

I am Kevin M. Murphy, a dedicated insurance defense attorney with 28 years of legal experience. Since founding Murphy Law Group in 2013, I have consistently represented insurers across our primary geography of Sarasota, as well as Bradenton and Port Charlotte.

My firm provides the rigorous, detail-oriented defense required by modern insurance carriers, backed by my membership in the Florida Defense Lawyers Association and the Trucking Industry Defense Association (TIDA). I also deliver top-tier, professional legal representation for personal injury and criminal defense cases with the accessibility of a local firm.

How An Insurance Defense Lawyer Can Help

Protecting a carrier’s bottom line requires proactive and aggressive litigation strategies. Here is how I can assist your company:

  • Evaluating policy limits: I conduct comprehensive analyses of the policy language to ensure claims do not exceed the stated Policy limits and that all conditions precedent have been met.
  • Enforcing contracts: I thoroughly review third-party contracts to enforce any applicable Indemnification clause, successfully shifting risk and liability away from the insurer.
  • Providing insurance fraud defense: Leveraging my investigative background as a former Prosecutor for the Sarasota State Attorney’s Office, I rigorously challenge suspicious claims to build a robust Insurance fraud defense against unwarranted payouts.
  • Insulating against extracontractual liability: I guide adjusters through the complexities of Florida claims-handling to protect the carrier from bad faith litigation.

Common Insurance Defense Cases I Handle

I offer strategic defense across a wide spectrum of complex insurance matters, including:

  • Coverage disputes: Litigating complex disagreements over policy exclusions, endorsements and the interpretation of policy language.
  • Property damage claims: Defending against inflated or fraudulent first-party claims arising from natural disasters, water leaks and commercial property damage.
  • Commercial auto and trucking: Utilizing my specialized knowledge as a TIDA member to defend complex claims involving commercial drivers and trucking companies.
  • Premises liability: Defending insureds against third-party slip-and-fall claims or negligent security allegations.

What Is The Difference Between The Duty To Defend And The Duty To Indemnify Under Florida Law?

Under Florida law, the Duty to Defend is exceptionally broad and is triggered if the underlying complaint alleges any facts that fairly bring the case within policy coverage, regardless of the claim’s actual merit. The Duty to Indemnify, however, is narrower; it only arises if the facts established at trial actually fall within the scope of the policy’s coverage.

What Is An Offer Of Judgment And How Does It Affect Florida Insurance Litigation?

An Offer of Judgment – also known as a Proposal for Settlement – is a strategic tool used to encourage early resolution. If an insurer makes a valid offer that the plaintiff rejects, and the final judgment is at least 25% less than that offer, the insurer may be entitled to recover its reasonable attorney’s fees and costs incurred from the date of the offer.

How Does Florida’s 90-Day Safe Harbor Rule Protect Insurers From Bad Faith Claims?

Florida’s 90-Day Safe Harbor rule gives insurers a clear 90-day window to look into a claim and try to resolve it without facing a bad faith lawsuit. Basically, a bad faith claim – whether based on the statute or common law – can’t move forward if, within 90 days of getting actual notice of the claim and enough supporting documentation, the insurer pays (tenders) the lower of either the policy limits or the amount the claimant demanded.

Secure Sophisticated Insurance Defense Counsel

When your company is facing complex claims or unwarranted liabilities, you need a proven litigator who understands both the intricacies of Florida insurance law and the local courts. At Murphy Law Group, I provide the rigorous, detail-oriented defense that sophisticated legal procurement officers demand. If you are seeking experienced counsel to mitigate exposure in Sarasota, Bradenton or Port Charlotte, contact my office today at 941-924 6407 or using our online contact form.