Bad Faith Litigation
Our Bad Faith Litigation practice area is dedicated to representing insurance companies in disputes involving allegations of bad faith. Our experienced attorneys are committed to ensuring that insurance providers fulfill their obligations while protecting their interests and upholding the integrity of their operations.
Insurance Coverage Disputes:
Claim Denial Defense: Defending insurance companies against claims of wrongful denial, ensuring that denials are justified and based on policy terms and conditions.
Payment Disputes: Addressing allegations of delayed or underpaid claims, providing thorough justification for payment timelines and amounts.
Policy Interpretation: Advocating for accurate interpretation and application of policy language in coverage disputes.
Breach of Contract Defense:
Policy Adherence: Demonstrating that insurance companies have adhered to the terms and conditions of their policies in the face of breach of contract claims.
Investigation Practices: Defending the thoroughness and timeliness of investigations conducted by insurance companies into filed claims.
Regulatory Compliance and Defense:
Regulatory Compliance: Ensuring that insurance companies are in compliance with state and federal regulations, defending against allegations of regulatory violations.
Trade Practices Defense: Protecting insurance companies from claims of unfair or deceptive trade practices, highlighting their commitment to ethical operations.
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Bad Faith Litigation Team
Susan Ayers is Of Counsel in Lydecker’s Los Angeles office. She brings nearly 25 years of civil litigation experience representing clients in construction defect, insurance defense, first party property and hurricane claims, professional liability, personal injury, real estate, environmental matters, and appellate proceedings.
Prior to joining Lydecker, Ms. Ayers managed a high volume caseload involving complex insurance defense matters. She previously founded Ayers Law Firm, PLLC, where her practice encompassed civil litigation, real estate, bankruptcy, franchise, and family law matters. She also served as in house counsel to a California real estate development group, representing developers, community associations, and commercial property owners.
Earlier in her career, Ms. Ayers served as a Senior Attorney for the State of Florida, where she developed extensive motion practice and trial experience. During law school, she externed for the Honorable Robert W. Alberts of the United States Bankruptcy Court for the Central District of California and worked in the tax legal division of PricewaterhouseCoopers.
In addition to her legal practice, Ms. Ayers is a licensed Florida real estate broker.
Prior to joining Lydecker, Laura was a partner at an insurance defense firm in Tampa for 12 years.
After receiving her Bachelor’s degree from the University of The South (Sewanee), Laura returned to her home state of Florida and graduated from Stetson University College of Law.
Mrs. Diverio is a shareholding partner at Lydecker’s Miami office and is the chair of the property practice group. She is a trial and appellate attorney for first and third party lawsuits. She handles bad faith claims, third party claims nationally, fire/theft/fraud investigations, windstorm coverage insurance defense, personal injury, general liability, subrogation claims, fraud investigations, and all types of property damage claims.
In addition to her broad insurance coverage practice, Ms. Diverio has significant experience in Directors & Officers (D&O) condominium litigation, where she represents boards, associations, and insurers in matters involving governance disputes, fiduciary duty claims, and coverage issues. Her work in this area provides clients with strategic counsel on both preventative risk management and litigation defense.
Mrs. Diverio litigates insurance disputes involving high exposure commercial and personal lines in both State and Federal court. Mrs. Diverio’s practice group handles claims from pre-suit investigations through trials and appeals.
Mrs. Diverio has handled a multitude of appellate and trial matters and has been first-handedly involved in changing and upholding Florida Statutes on significant current insurance defense issues.
Most importantly, Mrs. Diverio’s strength lies in client relations and professionalism. She maintains an open line of communication with her clients during all phases of litigation, settlement of a dispute, and works in conjunction with her adjusters to quickly and efficiently resolve claims.
Ms. Franks is a partner in the firm’s Miami office, where she defends local, national, and international organizations, as well as individuals, and tries catastrophic personal injury actions, premises liability matters, professional liability claims, construction defect matters, and medical/substance abuse treatment malpractice claims throughout the State of Florida.
Ms. Franks is originally from Pennsylvania and moved to South Florida in 2002 to study journalism and political science. Prior to pursuing her law degree, Ms. Franks taught as an adjunct professor at the University of Miami in the Department of Political Science for five years. Her classes included Intro to American National Government, the Legislative Process, and Congressional Representation. Ms. Franks earned her Juris Doctor from the University of Miami School of Law in 2011.
Ms. Franks has considerable experience dealing with automobile negligence, professional malpractice, medical malpractice, and premises liability matters involving catastrophic injuries, wrongful death, and extra contractual exposure, including a focus on evidentiary issues, dispositive motion practice, complex liability claims, and damages mitigation.
Ms. Franks earned a Bachelor of Science in Communication from the University of Miami in 2004. She graduated cum laude with a double-major in journalism and political science. Ms. Franks went on to complete a Master’s degree in Communication at the University of Miami in 2005, also graduating cum laude.
Ms. Franks earned her Juris Doctor from the University of Miami School of Law in 2011. At the University of Miami School of Law, Ms. Franks was the recipient of the Hugh L. Wood Scholarship, Outstanding Merit Scholarship, and the Ehrich Scholarship. Ms. Franks served as a research assistant to multiple highly regarded University of Miami School of Law professors in the areas of environmental litigation and legislation, the first amendment, and communication regulation.
Jacqueline Humbert is an experienced trial attorney in Lydecker’s Miami office whose practice focuses on commercial litigation, creditor-debtor disputes, insurance litigation, construction defect matters, and other complex civil disputes. With more than 18 years of litigation experience, Ms. Humbert has represented individuals, businesses, insurers, property owners, financial institutions, and other clients in state and federal courts throughout Florida.
Ms. Humbert has extensive courtroom experience, having served as lead counsel in more than 75 jury trials. She began her career as an Assistant Public Defender in Broward County, where she spent more than a decade handling serious felony matters, including first-degree murder, major crimes, and death penalty cases. Her experience included complex motion practice, evidentiary hearings, appellate matters, and trial preparation, as well as supervising and mentoring junior attorneys.
Since transitioning to civil practice, Ms. Humbert has represented both plaintiffs and defendants in a broad range of matters, including commercial and contract disputes, first-party property insurance and coverage litigation, construction defect and catastrophic property damage claims, and creditor-debtor matters. She also has significant experience in judgment enforcement and debt recovery, including domestication of judgments, fraudulent transfer actions, garnishments, levies, asset investigations, and other post-judgment remedies.
Ms. Humbert earned her Juris Doctor from St. Thomas University School of Law and her Bachelor of Arts in Political Science from the University of Florida. She is admitted to The Florida Bar and the United States District Courts for the Southern and Middle Districts of Florida. Ms. Humbert is fluent in English and Spanish.
Melissa Hubble is Of Counsel in Lydecker, LLP’s Miami office. Ms. Hubble’s practice involves all aspects of state civil trial litigation with a primary focus in bodily injury, premises liability, general liability, and negligent security. Ms. Hubble also handles construction defect matters, tort liability, officers and directors, insurance coverage, and contractual litigation matters.
Ms. Hubble earned her J.D. from Ave Maria School of Law in May of 2021, graduating with honors. Prior to earning her degree at Ave Maria School of Law, Ms. Hubble attended the University of Florida Levin College of Law. During law school at the University of Florida Levin College of Law, Ms. Hubble was a general editor for the Law of Public Policy Journal and a member of the John Marshall Bar Association.
Mr. Johnson specializes in the representation of professionals, corporations and insurers in a broad range of business and tort matters, including employment claims, environmental claims and other complex actions. Mr. Johnson also has experience litigating government municipal matters throughout the state of Florida, as well as representing journalists and media companies in intellectual property and defamation litigation. Mr. Johnson’s practice also includes the defense of attorneys, accountants and real estate professionals in professional liability matters and non-profit corporations as well as their directors and officers in a range of matters.
Before joining Lydecker, Mr. Johnson began his career as an associate in the Miami office of a business litigation boutique headquartered in New York, where he represented banking and corporate interests in multiple international business and commercial disputes. Mr. Johnson is also an experienced and accomplished appellate attorney, having multiple published Federal and Florida opinions, as well as oral arguments and appellate mediations across multiple appellate courts.
In addition to his professional commitments, Mr. Johnson recognizes his responsibility to serve the community. He is a member of the 100 Black Men of South Florida, one of the leading youth mentoring organizations in the country, as well as the Miami-Dade County Black Affairs Advisory Board. He is also a director of BAC Funding Corp. a non-profit state funded lender for disadvantaged business. He is also Secretary of the Coppin State University Development Foundation which raises money for scholarships to his alma mater, Coppin State University. He also Serves as Vice Chair of the Miami-Dade School District Audit and Budget Committee. He has also served as a member of the Executive Board of the Miami-Dade Chapter of NAACP and the Polemarch (President) of the Richmond-Perrine (FL) Alumni Chapter of Kappa Alpha Psi Fraternity, Inc.
Ms. LaFaurie is a Lydecker Partner overseeing teams throughout the Firm’s Florida and California offices, with extensive experience handling a wide variety of high exposure and complex general liability and personal injury matters. Ms. LaFaurie is the Head of the Firm’s Product Liability Department and the co-chair of the Mass Tort Department. She is one of the firm’s trial attorneys, who regularly handles matters through all phases of litigation, from evidentiary hearings, arbitrations, and through trial, before Local, State and Federal Courts in connection with a wide variety of complex civil and commercial litigation matters.
Ms. LaFaurie’s general liability, product liability, and mass tort litigation experience includes representing premises owners and operators, local and global manufacturers, as well as major national retailers in numerous areas within the wider tort-based field, such as catastrophic injury, premises liability claims, class action, mass and toxic tort litigation, recalled product claims, as well as defending claims involving consumer and commercially available substances and materials. Her experience includes high exposure injury, wrongful death, and commercial matters. Ms. LaFaurie proactively manages and advises her clients on legal and factual matters of first impression, including efforts to mitigate and limit the prospective of emerging and anticipated claims, future class action and large-scale legal exposures.
Ms. LaFaurie is actively involved in leadership and mentorship in several national organizations focused on defense of business owners of all kinds. She sits on several committees with a focus which reflects her practice in civil litigation, product liability and mass tort.
Richard Lydecker is a founding partner at Lydecker, a full-service AV-rated national law firm with offices throughout New York, New Jersey, Pennsylvania, Florida, California, and Georgia. As a distinguished leader and visionary in the legal community, Richard has played an instrumental role in shaping the firm’s reputation and success since its inception in 1994 as an aggressive and responsive law firm.
With a career spanning over several decades, Richard J. Lydecker has established himself as a formidable force in the field of defense litigation. His practice predominantly focuses on complex commercial litigation, professional liability, bodily injury, auto negligence, environmental law, employment, D&O, E&O, accounting malpractice, commercial litigation, bankruptcy, bad faith litigation, and insurance coverage. His extensive background in these areas has earned him recognition as a trusted and skilled litigator, consistently delivering exceptional results for his clients. Richard’s diverse and extensive background makes Lydecker a premiere law firm.
Richard’s legal journey began with a robust education and training, laying the foundation for his future accomplishments. He earned his Juris Doctor from a prestigious law school and quickly rose through the ranks, gaining invaluable experience and expertise in civil litigation. Over the years, Richard has handled a wide array of cases, ranging from intricate commercial disputes to high-stakes professional liability claims.
Prior to Richard’s career in civil practice, he was a Senior Major Case Bureau Prosecutor in New York with an outstanding record of success in preparing, managing, and trying high-profile cases. Casework involved high-profile, high-visibility criminal prosecution of homicides, robbery, arson, rape, and burglary. Richard successfully tried in excess of 100 criminal cases, many resulting in guilty verdicts carrying life sentences. Before accepting his appointment to the District Attorney’s Office, Richard was an attorney at a prestigious Wall Street, N.Y. law firm.
Richard Lydecker’s remarkable career as a founding partner of Lydecker showcases his expertise in defense litigation, his leadership within the firm, and his dedication to client success. His diverse background and extensive experience have made him a respected figure in the legal community, and his contributions continue to shape the firm’s reputation as a premier law firm nationwide.
Today Lydecker has ten main practice areas:
- Appellate
- Bankruptcy and Banking
- Business, Corporate and Transactional
- Condominium & HOA
- Construction Design & Environmental
- Employment
- General Liability
- Government
- Insurance
- Professional Liability
Lydecker has the following sub practice areas:
Accounting Malpractice, Admiralty and Maritime, Appellate Advocacy, Appellate Practice, Architects and Engineers, Attorney Malpractice, Bad Faith Litigation, Banking and Financial Services Litigation, Bankruptcy and Creditors’ Rights, Bodily Injury Defense, Business Law, Business Reorganization, Catastrophic Injury & Loss Defense, Class Action Defense, Commercial Litigation, Commercial Property, Complex Commercial Litigation, Condominium & Homeowners’ Association Law, Construction & Design Contracts, Construction Accident Claims, Construction Defect Litigation, Construction Payment, Delay and Lien Disputes, Corporate Law, Corporate Liability, Coverage Disputes, Cyber Liability ⁄ Internet Law, Defamation, Directors and Officers, Education Law, Environmental Law, Errors and Omissions, Financial Litigation, General Liability, Government, Government Liability, Healthcare, Hospitality, Insurance, Insurance Agents and Brokers, Insurance Coverage and Extra-Contractual Litigation, Intellectual Property, Labor and Employment, Land Use and Zoning, Mass Environmental Toxic Tort Law, Mergers and Acquisitions, Negligent Security, Premises Liability, Products Liability, Property Practice, Real Estate Practice, Residential Property, Tort Liability, Transportation Liability and Workers Compensation.
Complex Commercial Litigation: Richard’s proficiency in complex commercial litigation is well-known. He has successfully represented clients in multifaceted legal battles, navigating intricate legal frameworks and securing favorable outcomes. His strategic approach and meticulous attention to detail have been pivotal in resolving disputes efficiently and effectively.
Professional Liability: Richard has extensive experience defending professionals across various industries against liability claims. His deep understanding of the nuances of professional conduct and standards enables him to provide robust defense strategies, protecting his clients’ reputations and careers.
Bad Faith Litigation: Richard is a recognized authority in bad faith litigation, representing clients in cases involving insurance companies. His tenacity and commitment to justice have resulted in significant victories, holding insurers accountable for their obligations.
Insurance Coverage: Richard’s expertise extends to insurance coverage matters, where he advises clients on complex coverage issues and disputes. His comprehensive knowledge of insurance law ensures that his clients receive the coverage they are entitled to, and he has successfully litigated numerous coverage cases.
Leadership and Oversight
As a founding partner, Richard oversees the firm’s practice groups and manages the firm’s relationships with its clients and carriers. His leadership is characterized by a commitment to excellence, innovation, and client-centric service. Richard is dedicated to fostering a collaborative and inclusive environment within the firm, ensuring that every client receives personalized attention and tailored legal solutions.
Richard’s strategic vision has been instrumental in the firm’s growth and expansion. Under his guidance, Lydecker has become a nationally recognized law firm, known for its dedication to client success and its ability to handle complex legal challenges. His emphasis on continuous improvement and professional development has cultivated a team of highly skilled attorneys who share his passion for legal excellence.
Commitment to Clients
Richard’s client-centric approach is at the heart of his practice. He believes in building long-standing relationships grounded in mutual trust and respect. By understanding each client’s unique needs and goals, Richard provides strategic counsel and representation that aligns with their best interests. His ability to navigate complex legal landscapes and deliver practical solutions has earned him a loyal client base and numerous accolades within the legal community.
Personal and Professional Values
Beyond his professional achievements, Richard is known for his unwavering commitment to integrity, ethics, and community service. He actively participates in various professional organizations and contributes to legal scholarship through speaking engagements and publications. Richard’s dedication to giving back to the community is reflected in his involvement in pro bono work and charitable initiatives.
Looking Ahead
As Lydecker continues to grow and evolve, Richard remains dedicated to leading the firm towards new heights of success. His vision for the future includes expanding the firm’s capabilities, embracing technological advancements, and maintaining the highest standards of legal practice. Richard’s legacy is one of excellence, resilience, and an unwavering commitment to justice.
Matthew McElligott is a Partner at Lydecker’s Miami office and is a veteran trial attorney with extensive experience litigating across the legal spectrum. At Lydecker, Mr. McElligott’s practice areas include premises liability, products liability, professional liability, bad faith litigation, complex commercial litigation, construction defect / accident claims, negligent security, and catastrophic injury and wrongful death cases.
Mr. McElligott is originally from Virginia and attended George Mason University where he obtained a Bachelor of Science in the Administration of Justice. Mr. McElligott then earned his Juris Doctor from the University of South Carolina School of Law graduating cum laude and receiving book awards in Professional Responsibility and Evidence.
Mr. McElligott began his legal career at the Miami Dade Public Defender’s Office and amassed considerable trial experience representing clients over a wide range of criminal offenses. Since then, Mr. McElligott has represented individuals and companies in a wide range of civil matters as both plaintiffs and defendants with a focus on litigation and courtroom advocacy. Mr. McElligott also has substantial appellate experience having authored several writs and appeals throughout the District Courts of Florida.
Mr. McElligott’s comprehensive litigation experience is an asset to clients in need of zealous, professional, and effective representation.
Mr. Patten is a Partner at Lydecker’s New York and New Jersey offices. He serves in the commercial litigation department where he works on third party insurance defense, including General Liability Defense, Bodily Injury Defense, New York Labor Law Defense, Construction Defect Litigation, Architects & Engineers litigation, Products Liability, and a variety of other civil litigation issues. Mr. Patten has litigated countless cases involving wrongful death and catastrophic accidents/injuries at construction sites, including claims brought under New York Labor Laws section 200, 240, and 241.
In addition, Mr. Patten is an expert in automobile negligence defense. He has been working in the auto negligence industry for the majority of his career and manages complex cases involving multi-vehicle accidents and catastrophic injuries or wrongful death. Mr. Patten provides legal guidance on issues involving vicarious liability, indemnity, as well as non-permissive use. He has experience in both trial and arbitration settings, reaching final judgments, verdicts, and beneficial settlements for his auto negligence clients.
Prior to joining Lydecker, Mr. Patten was a prosecutor for the Miami-Dade State Attorney’s Office where he obtained extensive trial experience prosecuting criminal misdemeanor and felony level charges. Mr. Patten also prosecuted for the State of Florida Department of Children and Families, where he litigated dependency issues and termination of parental rights cases.
Mr. Patten received his Juris Doctor from St. Thomas University School of Law, where he graduated Magna Cum Laude in the top 3% of his class. He obtained his Bachelor of Arts in History, Cum Laude, from St. John’s University in Minnesota.
While in law school, Mr. Patten served as Editor-in-Chief for the St. Thomas Law Review, as well as Student Bar Association President. Mr. Patten also tutored students in property law and worked as an intern for the Honorable Judge John O’Sullivan in the United States District Court for the Southern District of Florida.
Matthew T. Smith is an associate in Lydecker’s Orlando office, where his practice focuses on civil litigation, general liability, commercial litigation, toxic torts, and product liability matters. He has represented both large corporate clients and individuals, having practiced on both the defense and plaintiff sides of litigation. This dual perspective gives him unique insight into opposing strategies, enabling him to craft efficient, cost-conscious, and results-driven solutions for his clients.
Originally from New York, Mr. Smith has spent most of his life in Central Florida. He earned his bachelor’s degree from the University of Central Florida and his J.D., Magna Cum Laude, from Florida A&M University College of Law. While in law school, he earned multiple Dean’s List honors, served as Executive Articles Editor for the Law Review, and completed a judicial internship in the Ninth Judicial Circuit Court.
Mr. Smith understands the importance of protecting a business’s reputation and bottom line while navigating complex legal disputes. He prides himself on being a well-rounded litigator and trusted advisor, committed to delivering practical, strategic counsel that aligns with each client’s operational and financial goals.
