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Gene Murphy

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Gene Murphy concentrates his practice in liability and property insurance coverage matters, as well as products liability defense. He has focused on the evaluation, litigation, and resolution of a diverse range of coverage disputes, including mediations, arbitrations, and trials. In addition to his work in Florida, he has appeared before various state and federal courts throughout the country, including courts in Alabama, California, Connecticut, Florida, Indiana, Michigan, Minnesota, Mississippi, New Jersey, New York, and Texas.

Gene is a member of the Trial Lawyers Section of the Florida Bar Association, the Defense Research Institute, and the New York State Bar Association.

Gene received his J.D. from Fordham University School of Law, his LL.M. in environmental law from Pace University, and his B.A. in political science from Queens College, CUNY.

Read Gene’s rc.com bio.

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The ability to recover extra-contractual damages such as attorneys’ fees, costs and interest in insurance coverage cases varies widely in jurisdictions nationwide. The Southern District of Florida’s recent decision in Sands on the Ocean addresses the recovery of attorneys’ fees and prejudgment interest in an appraisal context in Florida. In Florida, a statute generally provides…

This case generally reaffirms the commitment of the Florida courts to contractual appraisal rights in the absence of waiver. In First Protective Ins. Co., v. Schneider Family Partnership, 2012 Fla. App. LEXIS 19701 (Fla. 2nd DCA, Nov. 14, 2012), the court addressed a claim for insurance coverage for property damage sustained during Hurricane…

Consistent with its general support of Alternate Dispute Resolution (“ADR”) procedures, Florida promulgated a mediation procedure for property insurance claims. Fla. Stat. § 627.7015 (2010). This statute contains a provision which, should the insurer fail to comply with mediation notice requirements, can result in a waiver of the insurer’s appraisal rights under the insurance policy.…