< PreviousJaxLegalAid.org/Donate You can protect and preserve with us. Give generously today. Consumers • Elderly • Workers • Families Children • Veterans • Neighbors Healthcare Access • Safe, Affordable Housing Economic & Food Security • Second Chances Community Well-Being • Dignity WE ARE PROTECTING WE ARE PRESERVING WE ARE JACKSONVILLE AREA LEGAL AIDFlorida Statute § 627.4137 is prob- ably familiar to many Florida at- torneys, regardless of their prac- tice areas. However, those familiar with the statute probably only have surface-level knowledge or awareness of how it works in practice. The stat- ute is deceptively simple, with some pitfalls for the unwary. WHAT DOES THE STATUTE REQUIRE, AND BY WHOM? The statute requires liability insur- ers to provide a sworn statement to five distinct and specific issues when served with a written request from a claimant. The insurer must provide the following, as to every policy, in- cluding excess or umbrella coverage: : 1) the name of the insurer; 2) the name of each insured; 3) the limits of liability coverage; 4) a statement of any coverage defense(s) the insurer believes apply; and 5) a copy of the policy. The same requirement applies when the demand is made on an in- sured or its agent: the insured must forward the request to the insurer, who must then furnish the statement under oath. Compliance with the stat- ute is not a mere technicality because a claimant’s access to such informa- tion is critical in making settlement decisions. Importantly, when a claimant makes his request on the insured or its agent, they “shall” disclose the name of each insurer and the cover- age provided and forward the request to the insurer. The insurer then must provide the above-described state- ment under oath as to every known policy that does or may pay a claim that might be made by the claimant. The insured and/or its agent are not empowered under the statute to make a coverage determination and then refuse to provide the insurer’s infor- mation to the claimant or to refuse to forward the request to the insurer(s), because the insured has unilaterally determined that the policy doesn’t provide coverage. REMEDIES FOR FAILURE TO COMPLY There is no private cause of action under § 627.4137 for failure to com- ply with the statute, and it thus seems toothless upon first blush. This lack of an explicit remedy emboldens some insureds and insurers to ignore de- mands for policies. However, anyone ignoring a written request for a liabili- ty policy pursuant to § 627. 4137 does so at her or his peril. First, a refusal to comply with the statute may subject the insurer to a bad faith claim. Because the claimant has a statutory right to obtain policy information, the failure to provide it may support a finding of bad faith, because it deprives the claimant of the ability to evaluate the case and hin- ders settlement efforts. However, the claimant must first obtain a judgment against the insured before the bad faith cause of action accrues. Worse, an insurer-defendant could have defenses stricken as a result of the failure to comply with the stat- ute. For example, an insurer’s de- fenses predicated upon the plaintiff’s alleged failure to comply with the policy’s conditions precedent can be stricken when the insurer has not complied with a written demand for the statutorily required information by the plaintiff. Because the insurer is statutorily required to provide the policy, its refusal to do so results in an inability to avail itself of the policy’s protections. Lastly, the failure to comply with the statute can result in the invali- dation of an otherwise enforceable settlement agreement. Florida’s courts have reasoned that the statute’s pur- pose is to guide the parties in their strategic case decisions, including settlement negotiations. The failure or refusal to comply with the statute re- sults in the plaintiff proceeding with- out all of the information necessary to guide him through the case. Florida law holds that there is no meeting of the minds when a party does not have the statutorily required insurance in- formation, as it is an essential term of settlement. As a result, a motion to enforce a settlement agreement can be denied where the party seeking enforcement failed to comply with § 627.4137. CONCLUSION Section 627.4137 is more subtly nu- anced than it seems, and there is not enough space in this article to address all of those nuances. However, anyone serving or responding to a statutory demand under the statute must make sure to understand every facet of the law, as the failure to do so can be costly. ADAM B. EDGECOMBE | Litigation Adam Edgecombe is Counsel with Lippes Mathias Wexler Friedman, LLP. He practices business and commercial litigation in the firm’s Jacksonville office. He received his Bachelors and Masters of Science at the University of Florida and J.D. at Florida Coastal School of Law in Jacksonville, and he is active in several professional and trade organizations, including serving on the Board of Directors of the Downtown Council of the Jacksonville Chamber of Commerce. The Statutory Demand for Insurance: A Widely Used, But Little-Understood Tool for All Attorneys AttorneyAtLawMagazine.com 11LAW FIRM OF THE MONTH ALEXANDER DEGANCE BARNETT A Decade of Success, An Eye to the Future WRITTEN BY SUSAN CUSHING TODD A. WRIGHT, MICHELLE BEDOYA BARNETT, MARK G. ALEXANDER, KELLY DEGANCE AND SAMANTHA GIUDICI BERDECIA KELLY DEGANCE, MICHELLE BEDOYA BARNETT AND MARK G. ALEXANDER Vision boards, sabbaticals, and flexible fee structures. Not typical legal jargon, but then again Alexander DeGance Barnett aka ADB Legal has never been typical. From its very inception over a decade ago, this boutique firm specializing in representing manage- ment in litigation and trial has taken the path less traveled. Thanks to the vision shared by three ex- ceptionally skilled attorneys who individually yet simultaneously decided they wanted a change, the concept of ADB became a reality. Celebrating their 10th anniversary, Alexander DeGance Barnett represents management focusing on labor, employment and education law. A philos- ophy and promise of providing clients a personal and focused approach, along with the highest levels of quality and service found at a global firm, has proven to be the right formula for success. Creating this inimitable practice are three di- verse, and some say unlikely partners, Mark G. Alexander, Kelly DeGance and Michelle Barnett. Having worked together for many years, the trio of attorneys knew and respected one another and had come to recognize and appreciate one another’s skills and dedication. Of varying ages and at differ- ent stages in both their professional and personal lives, the commonalities the three shared were a passion for their clients, a driving dedication, and the desire to create something uniquely their own. “It was late summer, early fall of 2009,” recalls Alexander, “when I essentially had an epiphany. I knew for certain that I was going to leave and do something else. After reflecting, I thought it would be great if the three of us struck out and formed our own firm.” “Mark was ready to move on and independently Michelle and I had been discussing the same thing,” explains DeGance. “All worlds collided at the same time. We knew we were taking a big risk but also recognized the opportunity for great rewards, so we just took the leap without ever looking back.” BEST OF TIMES/WORST OF TIMES Just as Dickens so eloquently depicted, spring of 2010 was not the ideal economic climate for embarking on any new enterprise, and yet for the newly formed practice it also happened to be a ser- vice in high demand. For their area of the law, such fiscal downturns impact their clientele profoundly thereby creating an upsurge in business. More im- portantly, as a smaller firm, the three knew they had the opportunity to provide options for their clients that larger firms simply could not. ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 4 12TODD A. WRIGHT, MICHELLE BEDOYA BARNETT, MARK G. ALEXANDER, KELLY DEGANCE AND SAMANTHA GIUDICI BERDECIA KELLY DEGANCE, MICHELLE BEDOYA BARNETT AND MARK G. ALEXANDER “The market was hungry and needed us,” says Barnett. “Because of our size and how we’re structured we are incredibly flexible and can turn on a dime.” “The economy at large might have been down but for a practice like ours our practice is fairly level,” adds Alexander. “I think the most im- portant element of our new firm was our commitment, our zeal for how we wanted to serve our clients in a flexible and highly responsive way, and the fact that we are all dedicated to excellence. That is a huge differentiator and something we’ve always harped on, that everything that goes out of this office is first-rate, top-notch.” COLLABORATION Built on the concept of a collaborative approach, each of these at- torney’s unique skills and strengths were not only amplified by this alliance but seamlessly merged into a powerful synergistic team. “From our earliest discussions of what we wanted in forming this firm, the word ‘collaboration’ was as constant as the words ‘mutual re- spect,’” says Barnett. “They go hand-in-hand. Because we value one another as professionals, as people, and for our unique skillsets, blend- ing and creating a certain synergy came quite naturally.” “Our practice is collaborative in nature,” DeGance concurs. “We ap- proach our client relationships, our presentations to the court, and the merits of our practice as a team that succeeds together as one, unified group. Each partner commits to working for the benefit of the group and our clients as a whole.” Together, they are an extension of their clients’ organizations. Their goal is to help clients succeed by maintaining a flexible, customized approach to their unique needs, gaining comprehensive knowledge and understanding of their industry and business, and remaining fo- cused on their clients’ best interests. “Teams, groups and human endeavors of any sort do better when you have people of diverse backgrounds come together and work together in a collaborative and cohesive way,” says Alexander. “It’s not a novel concept, but despite the lip-service many attorneys give to this idea many really do have a hard time working as a team. Lawyers tend to be individualistic. But at our firm we continue to strive for teamwork and working together in a collaborative way.” A DECADE OF GROWTH “It was never our intent to be the biggest firm,” notes Barnett. “Some people start firms and their goal is to have as many attorneys and lo- cations as possible. That was never our plan. Over the years we have become more discriminating as to the type of work we do and have grown in a very deliberate and thoughtful way. We began with three attorneys and now have a team of 14, which is the size that we set out to be.” DeGance echoes these sentiments. “We always wanted to have a smaller firm that really provides outstanding service,” she says. “So now, after ten years we’ve reached the size that we want to be. For the next ten years, our goal has shifted to retaining and growing our tal- ent organically. Two of our attorneys, Samantha Giudici Berdecia and Todd Wright have become partners and potentially, years from now, they will be filling our shoes.” As they grew, they never lost sight of the principles and objectives that are the foundation. “Teamwork and collaboration have remained integral,” says Alexander. “As we brought on additional lawyers and support staff it was with an eye to how they would not only fit within the existing team but what they could contribute to our clients-how those specific needs would be met. I would make the analogy that it’s like a sports team, each player has a specific role that moves the team AttorneyAtLawMagazine.com 13towards the goal but is also there to sup- port and fill-in as needed.” A significant part of this expansion has been acquiring their own building. Just as they carefully and conscientiously en- larged their staff, Alexander, DeGance and Barnett were equally as strategic about taking this next step. “Even in the earliest days of the firm we discussed the idea of having our own free- standing building,” says Barnett. Three years after opening their doors, they purchased just such a building only to have it torn down so that they could create a custom space that would best suit their work and clients. “We took our time,” says Alexander. “We closed on the property in 2013 but didn’t begin construction for another year. Every aspect was discussed and revised to everyone’s satisfaction.” Located on Riverside Avenue between Lomax and Lancaster and just north of Memorial Park, this very modern build- ing is within easy walking distance to Five Points and the riverfront and conveniently close to down- town. An added benefit to this rather elegant location is the ample parking available to clients and visitors not to mention the dining and shopping options that the area provides. “We wanted to do things differently and did not want our firm to be typical in any way,” says DeGance, “I think that’s reflected even in the design of our building.” A NEW PARADIGM Courageously stepping outside the traditional corpo- rate box, Alexander, DeGance and Barnett have embraced such ideas as encouraging the use of vision boards to in- spire themselves and the entire team to reach for bigger and better goals; exploring the concept of sabbaticals to maintain a healthy work/life balance; and fiercely preserving one of the founding prin- ciples of the firm which is the ability to offer the flex- ibility of rapid response and varying fee structures. “Being an attorney, as anyone knows, is an all- encompassing job and people can and do get burned out,” says Barnett. “My partners and I rec- ognize this and have de- termined that, given our strong alliance and trust in one another’s abilities, we can confidently take turns with extended leaves or sabbaticals.” The flexible fee schedule is something that began in the early days of the new firm. “We recognize we are in a service in- dustry and that competition is fierce,” says DeGance. “We are fortunate, as a small boutique firm, to have the caliber of cli- ents that we have, and we know that our excellent service, quality work product, and responsiveness have all contributed to our success. My clients know they can reach me anytime, that’s true of all of us. We own this, we’re not just collecting pay- checks,” says DeGance. “At the same time, we recognize the importance of taking a break and, because of our collaborative model, we are able to do so while know- ing that everything will continue running smoothly and nothing will fall through the cracks. I think everyone needs time to re- fresh and reboot.” Ultimately, Alexander DeGance Barnett is a firm about people and relationships. “We don’t take each other or our clients for granted,” says Alexander. “You have to re-earn trust every day.” ALEXANDER DEGANCE BARNETT 1500 Riverside Avenue Jacksonville, FL 32204 (904) 345-3277 adblegal.com AREAS OF PRACTICES Labor Law, Employment, Edu- cation We are fortunate, as a small boutique firm, to have the caliber of clients that we have, and we know that our excellent service, quality work product, and responsiveness have all contributed to our success.” KELLY DEGANCE, MARK G. ALEXANDER AND MICHELLE BEDOYA BARNETT ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 4 14Attorney at Law Magazine First Coast sat down with Robert Walker of Walker Mediation & Consulting to discuss his career. MEDIA T OR SPO TLIGHT Robert Walker To Mitigate Conflict Proper mediation can mitigate conflict without all the potential ugliness associated with legal settlements. Mediation also has the added advantage of affording parties an increase amount of self-determination and a quicker resolution, while remaining confidential. AALM: Did you ever want to be anything besides a mediator? Did your family ever want you to be some- thing else? RW: My parents expected that I would follow in their footsteps and take up a career in education but nev- er imposed. I would not say I never had any other interests apart from mediation, after all, I had a 34-year career spent mostly in a senior posi- tion at UPS. What I would say is that I never wanted anything more than to be a mediator. AALM: What drew you to become a mediator? RW: Over the years, I have occu- pied various positions of leadership in corporate and nonprofit organiza- tions and having worked with people extensively, I observed that quite a few people struggled with some form of conflict or legal issues. I believe that a less contentious environment increas- es cooperation in any environment. AALM: What benefits do you believe mediation offers clients and attorneys alike? ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 4 16At a Glance WALKER MEDIATION & CONSULTING 2700 University Blvd, Suite A-1 Jacksonville, FL 32217 (833) 763-3428 www.rwalkerconsulting.com CASE MATTERS Divorce Personal Injury Foreclosure Employment Workers’ Compensation Transportation/Trucking Consulting Supply Chain Management Logistics Business Transformation Business Operations EDUCATION MBA, Nova Southeastern University, 1996 Bachelor of Science, Management, Albany State University, 1987 CERTIFICATIONS Florida Supreme Court County Mediator Florida Supreme Court Circuit Mediator Florida Supreme Court Family Mediator AFFILIATIONS FL Academy of Professional Mediators National Association of Certified Mediators Kappa Alpha Psi Fraternity, Inc., Life Member Jax Chamber of Commerce Jacksonville Urban League, Former BOD Member Jacksonville Sheriff Advisory Committee, Former Member HOBBIES Cooking Traveling Swim, Game and Movie Time With My Wife and Daughter FAVORITE QUOTE “You will miss 100% of the shots you don’t take” – Wayne Gretzky RW: Proper me- diation can mitigate conflict without all the potential ugliness associated with legal settlements. Media- tion also has the added advantage of afford- ing parties an increase amount of self-deter- mination and a quick- er resolution, while re- maining confidential. AALM: What expe- riences in your career have taught you the most? RW: Working and traveling around the world and dealing with people of different cul- tures, I had to learn to listen more and not try to impose my be- liefs and opinions on people. It is important to acknowledge that everyone possesses inherited and unconscious bi- ases, and that perspectives should be respected. Adopting the philoso- phy of “to each his own,” I have learned to see things through multiple lens. AALM: What do you most hope to accomplish in the future? RW: What I desire most is to find novel ways to help alleviate dis- pleasure arising from disputes and to become the absolute best me- diator. I am a service-driven individual, and essentially, I want to help people the best way that I can in the area of dispute resolution. AALM: What is the best compliment you’ve received? RW: I have been told that I have an even keel demeanor and temper- ament as a mediator. This is entirely different from what was thought of me in my previous career as I was perceived to be erratically ag- gressive. This, to me, is a testament to my personal and professional growth. AALM: What do you find most rewarding in your day-to-day work as a mediator? RW: There are situations when mediation is mandatory. Parties must go through the process such as, for instance, when their contract requires it as part of a conflict alleviation process. Likewise, there are situations that the court may require mediation. I find it gratifying when people come to mediation expecting nothing but to check the box and are eventually able to come to some form of resolution to their dispute. AttorneyAtLawMagazine.com 17Locally –owned provider of virtual office solutions. Our virtual assistants are trained to provide a number of administrative services: • Personal reception • Call screening & forwarding • Scheduling & bid management • Information collection & dissemination • Social Media posting management • Professional address & mailing services GIVE US A CALL! 904-416-3100 1301 Riverplace Blvd, #800 Jacksonville, FL 32207Duval County Judge Erin Perry knows her way around a courtroom. From serving as homicide prosecutor and division chief of the State Attorney’s Office to handling crimes against children in the spe- cial assault unit and, most recently, to achiev- ing appointment as Duval County Court judge, Perry has continually demonstrated a passion for serving her community. Perry was the first college graduate on her father’s side of the family. “My family was not at all in the legal community,” she said. “My dad was a contractor, he built houses and did remodeling, and my mom was a stay-at-home mom for most of my childhood but eventually retired as a teacher.” Perry’s interest in the legal profession first peaked in high school, inspired in part by chief judge and first woman to join the Third Circuit Court of Florida, Leandra G. Johnson. “Judge Leandra Johnson was the mother of a classmate of mine,” she said. “I saw the differ- ence she was making in the law and was in- spired by it.” Perry was hired at the State Attorney’s Of- fice during her final year at the University of Florida law school, a pivotal moment in which she overcame a fear of public speaking. “I was so shy I just could not possibly fath- om having to stand in front of a courtroom and talk,” she said. “I decided that my fear was controlling too much of what I was willing to consider doing with my life so I decided to pick a place where I knew I would get trials.” Perry excelled during her time at the State Attorney’s Office. She quickly moved from county to circuit court and served a number of roles including assistant state attorney, ho- micide prosecutor, and division chief. During this time as an active trial attorney, Perry tried more than 65 cases to a jury verdict. It was after three applications and a lengthy civil practice certification study completed around work and time with her daughter that Perry successfully achieved her position as Duval County Court judge in January 2019, appointed by former Governor Rick Scott. “I remember getting the call from Governor Scott at 7:50 in the morning,” she said. “It was a wonderful moment.” Now, Perry is active in the community through the South Jacksonville Rotary and serves on the board of Game-Face 4:13, a nonprofit organization which hosts camps for at-risk youth and inspires them to build con- fidence. She is also an active member of Jacksonville Women Lawyers Association where she en- joys the ability to connect with other women through shared experience. “My advice, not just for women but for any- one who is looking to pursue a career in the legal profession, is do not let your fear stop you from doing what you want to do,” Perry said. “Keep working and do not give up on your goals.” JUDGE Erin Perry Dedicated Public Servant BY PAIGE HARRISS My advice, not just for women but for anyone who is looking to pursue a career in the legal profession, is do not let your fear stop you from doing what you want to do.” THE HONORABLE ERIN PERRY, JACKSONVILLE WOMEN LAW- YER’S LUNCHEON; “WHAT’S NEXT WITH PARENTAL LEAVE?” THE HONORABLE ERIN PERRY, JACKSONVILLE BAR ASSOCIATION, 12TH ANNUAL CHILI COOK OFF AttorneyAtLawMagazine.com 19Next >