(305) 416-3180

Michelle Diverio, ESQ

  • Miami, FL
  • Boca Raton, FL
  • Bonita Springs, FL
  • Fort Lauderdale, FL
  • Jacksonville, FL
  • Orlando, FL
  • Tampa, FL
  • West Palm Beach, FL
  • Dallas, TX
  • Richardson, TX
  • Los Angeles, CA

Office Address

  • 1221 Brickell Avenue
    19th Floor
    Miami, FL 33131
  • 200 Broadhollow Road
    Suite 207
    Melville, NY 11747
  • 523 West Sixth Street
    Suite 716
    Los Angeles, CA 90014
  • 2435 North Central Expressway
    12th Floor
    Richardson, Texas, 75080
  • 325 North St. Paul Street
    Suite 3100
    Dallas, TX 75201

Professional Experience

Mrs. Diverio is a shareholding partner at Lydecker’ 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, insurance defense, personal injury, general liability, subrogation claims, fraud investigations, and all types of property damage claims.

Mrs. Diverio litigates insurance disputes involving high exposure commercial and personal lines in both State and Federal court. Mrs. Diverio’ practice group handles claims from pre-suit investigations through trials, and appeals.

Mrs. Diverio is a partner at Lydecker’ Miami office. Mrs. Diverio serves as coverage counsel for first and third party property claims nationally, bad faith litigation, fire/theft/fraud investigation, and windstorm coverage and defense. Mrs. Diverio litigates insurance disputes involving high exposure commercial and homeowner losses and bad faith issues in both State and Federal court. Mrs. Diverio’ practice involves all aspects of pre-suit, appraisal, trial, and appellate litigation.

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’ 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.

Education

  • Florida State University School of Law (J.D. 2008)
  • University of Florida (B.S.B.A. with Honors, 2004)

Bar and Court Admissions

  • 2024 Texas
  • 2023 New Jersey
  • 2020 New York Supreme Court Appellate Division
  • 2020 District of Columbia
  • 2008 Florida
  • 2008 United State District Court, Middle District of Florida
  • 2008 United State Court of Appeals for the Eleventh Circuit
  • 2008 United State District Court Southern District of Florida

Professional and Community Involvement

  • American Bar Association
  • Dade County Young Lawyer Division, Member
  • Federal Bar Association, Member
  • Women’s Chamber of Commerce, Member

Awards & Recognitions

  • 2023, Super Lawyer Magazine
  • 2022, Super Lawyer Magazine
  • 2021, Super Lawyer Magazine
  • 2017, Legal Elite Award – Best First Party Property Insurance Defense Specialist in Miami-Dade County
  • 2017, Rising Stars, Super Lawyers Magazine
  • 2016, Rising Stars, Super Lawyers Magazine
  • 2015, Rising Stars, Super Lawyers Magazine
  • 2014, Rising Stars, Super Lawyers Magazine
  • 2013, Florida Trend’s Florida Legal Elite Up & Comer
  • 2012, Florida Trend’s Florida Legal Elite Up & Comer

Publications

  • Florida Aims to Rebuild Homeowners Market with Reform Law (Guest contributor)
  • Tort Creditors vs. Spendthrift Trusts: An analysis of the public policies favoring and opposing a tort creditor exception (pending publication)
  • Florida Law May Become Standard for Private Flood Insurance, Law 360 (June 2014).
  • Vaughns v. Citizens Property Ins. Corp., Case No.: CACE 16-003407 DIV.: 13 (Motion for Summary Judgment granted on failure to appear for Examination Under Oath).
  • Villar v. Heritage Property & Casualty, Case No.: 15-017428 CA 01(Dismissal of lawsuit via a Judgment on the Pleadings. Recovered attorney’s fees and costs based on Fla. Stat. 57.105).
  • Guerra v. Heritage Property & Casualty, Case No.: 15-2269 CA 01 (Obtained a defense jury verdict on a water claim against Barnard Law. Resulted in recovery of over $50,000 in fees and costs for the carrier).
  •  Darbouze v. Citizens Property Ins. Corp., Case No.: 16-003576 CA 01 (Obtained voluntary dismissal of lawsuit on the eve of trial).
  • Blanco v. Citizens Property Ins. Corp., Case No.: 15-026745 CA 01(Obtained voluntary dismissal of lawsuit on the eve of trial).
  • Dade Mold Inspectors a/a/o Rosario v. Heritage Property & Cas. Ins. Co., Case No.: COCE-15-020947 (Motion for Summary Judgment granted on homestead exemption barring assignment of benefits to water mitigation company).
  • Pharel vs. Heritage Property & Casualty Ins. Co., Case No.: 14-14429 CA 01 (Appellate decision affirming granting of Motion for Summary Judgment on misrepresentation on application defense. Resulted in recovery of over $50,000 in fees and costs for the carrier).
  • People’s Trust Homeowners Ins. v. Avagyan, 93 So. 3d 905 (Fla. 4th DCA 2012) (Obtained dismissal of lawsuit and sanctions for fraud upon the Court. Resulted in an award of attorney’s fees and costs in favor of the Defendant).
  • Jossfolk v. United Prop. & Cas. Ins. Co., 110 So. 3d 110 (Fla. 4th DCA 2013) (Insured appealed trial court’s entry of final judgment in favor of United Property that insured was not entitled to any additional benefits for damage to the roof as awarded through the appraisal process. Appellate Court reversed and remanded the matter with instruction for the trial court to address issues surrounding claim for Ordinance & Law).
  • People’s Trust Homeowners Ins. v. Roddy, 134 So. 3d 1071 (Fla. 4th DCA 2011) (Carrier appealed entry of Final Judgment after jury trial surrounding multiple evidentiary issues and approved jury instructions).
  • United States Department of Agriculture – Risk Management Agency Final Agency Determination: FAD-199 (2013)(Interpreted provision contained in Nursery Crop Insurance Provision of a Multi-Peril Crop Insurance Policy regarding the uprooting and removal of plants without the prior consent of the approved insurance provider).
  • Michael and Dinah Villar v. Heritage Insurance Property & Casualty Ins. Co., CASE NO.: 14-027680 CA 05, Eleventh Judicial Circuit in and for Miami Dade County, Florida. (Obtained voluntary dismissal of lawsuit due to aggressive discovery).
  • Pro-Tech Emergency Mitigation Services, Inc. v. Heritage Insurance Property & Casualty Ins. CASE NO.: 14-024424 CC 05 (06), Eleventh Judicial Circuit in and for Miami Dade County, Florida. (Obtained voluntary dismissal of lawsuit due to aggressive discovery).
  • Salisien v. Heritage Insurance Property & Casualty Ins. CASE NO.: 2014CA010857 DIV.: AA, Fifteenth Judicial Circuit in and for Palm Beach County, Florida. (Obtained voluntary dismissal of lawsuit due to aggressive discovery).
  • Marie Jusma v. Heritage Insurance Property & Casualty Ins. CASE NO.: 14-008397 CA 01, Eleventh Judicial Circuit in and for Miami Dade County, Florida. (Obtained voluntary dismissal of lawsuit due to aggressive discovery).