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
Mr. Darmanin is Of Counsel based in Lydecker’s Miami office. Mr. Darmanin’s practice primarily includes first- and third-party property claims, including bad faith litigation, and spans across various types of property claims. Within his practice he is responsible for handling matters throughout the entire claims process beginning pre-suit and extending all the way through trial. Mr. Darmanin has experience handling hundreds of cases within his practice, which includes casework for high exposure commercial losses. Mr. Darmanin has extensive experience litigating cases in both State and Federal court within his current practice as well as prior litigation practices.
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.
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.
Mr. Gruber is a partner at Lydecker’s Miami office. Mr. Gruber’s practice spans first- and third-party property claims, including bad faith litigation, fire/theft/fraud investigation, and windstorm coverage and defense. Mr. Gruber litigates insurance disputes involving high exposure commercial and homeowner losses and bad faith issues in both State and Federal court. His practice includes all aspects of pre-suit, appraisal, trial, and appellate litigation. Mr. Gruber has successfully handled hundreds of lawsuits with various degrees of exposure.
Mr. Gruber received his Bachelor of Science in Business Management from Florida State University and his Juris Doctor from the University of Florida. While in law school, Mr. Gruber was an executive member of the University of Florida Trial Team and chaired multiple criminal trials as a Certified Legal Intern for the Office of the Public Defender for the 8th Judicial Circuit.
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.
Mr. Major is a partner in our Philadelphia and New Jersey offices. Matthew is a seasoned civil litigator who focuses his practice at the state and federal levels in trial and appellate courts with a concentration on general litigation, commercial litigation, insurance litigation, employment litigation, professional and management liability defense, and securities litigation.
Matthew has represented insurance carriers in complex, high-profile coverage disputes; defended large corporations against claims involving dissolution, contract, fraud, fiduciary duty, trade secret, products liability, employment, ERISA and personal injury components; and represented individuals involved in securities, professional licensing, and contract-related disputes.
Brian is Litigation Partner in Lydecker’s San Diego office with more than twenty years of success providing legal analysis, strategy and endeavors to look at all options for purposes of protecting clients. Brian represents parties from incept to trial in proceeding, including alternative dispute resolution.
Brian balances attention to detail and management methodologies to maintain a ‘big picture’ focus while minimizing client /company exposure to risk. He develops working relationships with all counsel in all litigation matter to ensure organization, steer the litigation towards the best resolution, and leverages these relationships to control client expenses.
Brian maintains a strong courtroom presence and drives case strategies to achieve favorable outcomes for individual and corporate clients through the application of critical thinking and outside the box.
Mr. Murphy’s practice involves all aspects of federal and state civil trial litigation with a primary focus on product liability, premises liability, personal injury, and government liability. In his professional career, Brian has successfully represented corporate clients, private individuals, and government clients in all phases of litigation. His representation includes manufacturers, distributors, suppliers, and major retailers in numerous areas within the field, such as mass and toxic tort litigation, product defect claims, as well as defending claims involving consumer and commercially available chemicals, substances, and materials.
Over the course of nearly 20 years, Mr. Murphy has represented a diverse range of clients, including large and small businesses in the biotech, chemical, communications, construction, education, entertainment, healthcare, hospitality, insurance, law enforcement, manufacturing, pest control, private post-secondary school, retail, and transportation industries.
Mr. Murphy also has extensive experience defending municipalities (defending government entities and their employees and school districts) and employers. He is admitted to practice in California.He is admitted to practice in all California district Courts, U.S. District Court, Northern District of California, U.S. District Court, Central District of California, U.S. District Court, Southern District of California, U.S. District Court, Eastern District of California.
He earned his law degree from University of San Diego School of Law and his undergraduate degree from University of California, Riverside.
Mr. Sanchez Parraga is a partner at Lydecker’s Miami and New York offices. He counsels insurers on insurance coverage, claim adjustment, and contract interpretation on first-party property homeowners and commercial losses, bad faith litigation, fire/theft/fraud investigation, and windstorm coverage. In addition to handling matters of insurance coverage, Mr. Sanchez Parraga frequently represents insurers in trial and appellate courts in first-party property and bad faith litigation. He is also a frequent lecturer on seminars regarding first-party property claims and litigation topics.
Lee Patten is the Co-Chair of the Firm’s National Catastrophic Injury and Loss Defense Department. Mr. Patten has extensive trial court experience in complex litigation, and has defended numerous cases involving wrongful death, paralysis, amputation, traumatic brain injury, sexual assault, and other serious injuries throughout New York, New Jersey, and Florida. These claims and large loss exposures arise from a variety of liability scenarios, including premises liability, medical/healthcare/nursing home liability, school/early education/day care liability, construction site accidents (including New York labor law claims), road construction accidents, commercial trucking and car accidents, negligent security, and products liability, among others. Mr. Patten brings to bear his extensive experience in each of these specific industries to obtain excellent results for his clients.
Mr. Patten maintains a progress-oriented practice, whether pre-suit or in litigation, Mr. Patten works closely with his client to advance the case with every court filing, correspondence, email, and phone conference. Every action is designed to move the case forward toward trial or resolution.
Mr. Patten has taken countless depositions, including deposition of subject matter experts, liability experts, and damages experts. He has attended countless hearings, including important summary judgment hearings, as well as multi-day arbitrations and multi-day framed issue evidentiary hearings.
Mr. Patten has tried cases before many trial courts throughout the state of Florida, New York, and New Jersey, and has obtained many favorable settlement outcomes at the eleventh hour due to detailed trial preparations, including motions in limine and Daubert challenges to opposing experts.
Mr. Patten has also served as monitoring counsel and converted to lead trial counsel in numerous cases involving large losses or multiple layers of insurance. He is successfully able to parachute into potential “problem” or “high risk” cases, and laser in on key areas to prepare liability and damages defenses quickly and efficiently.
Before joining the firm, Mr. Patten was a prosecutor at the Miami-Dade State Attorney’s office, as well as a prosecutor for the Department of Children and Families. It was there that Mr. Patten started his trial career and was able to transfer those skills to civil litigation. In Law School, Mr. Patten served as Editor-in-Chief of the Law Review and won several awards for both Mock Trial and Moot Court competitions.
Mr. Quetglas is an associate in the firm’s Miami office. Mr. Quetglas’ practice involves defending organizations and individuals involved in personal injury actions, premises liability matters, negligent security claims, professional liability claims, and construction defect matters throughout the State of Florida.
Prior to joining the firm, Mr. Quetglas was an associate at a boutique defense litigation firm based in Downtown Miami, Florida, where he represented insurers in complex insurance coverage litigation, claims handling, general liability claims, first-party property coverage, and bad faith litigation.
During law school, Mr. Quetglas worked as a Law Clerk at a national firm in Downtown Washington, D.C. specializing in the litigation of complex personal injury, medical malpractice, negligent security and civil rights matters.
Kristina Sargent served as an enlisted soldier in the United States Army and Army Guard for over 15 years. Kristina graduated from the University of Baltimore and was a prosecutor in Baltimore City prior to moving to Florida in 2021. After spending 8 years practicing criminal law, Kristina shifted her focus to civil litigation. Kristina has extensive trial experience leading dozens of jury trials and high-profile cases.
J.W. Webb is a Litigation Partner in the firm’s Orlando office, where he maintains an active trial and civil litigation practice in Federal and State Courts throughout Florida.
Mr. Webb has considerable experience dealing with automobile negligence, arson, medical malpractice, premise liability and product liability cases resulting in catastrophic injuries and wrongful death. Mr. Webb has also handled cases dealing with bad faith, commercial transaction disputes, construction defects, declaratory actions, land disputes and property damage. He has successfully tried cases in Brevard, Broward, Marion, Orange, Palm Beach, Seminole, and Volusia Counties.
Mr. Webb began his legal career with Hightower and Rudd, P.A. a Miami based insurance defense firm. Shortly after joining the firm, Mr. Webb became the managing attorney of its West Palm Beach office.
After two years in practice, Mr. Webb was invited to join Kubicki Draper, P.A. a State-wide insurance defense firm, where he became a shareholder and was chosen by the firm’s managing partner to start its Orlando Office, which he ran for six years before opening his own law firm.
Mr. Webb has given lectures throughout the country on many subjects during his career. He lectures to insurance carriers on issues ranging from hospital liens and personal injury protection to complicated medial claims and high exposure cases.
Mr. Webb is licensed to practice law in all Florida State Courts and the . He has also served as a Guardian ad Litem for children in the Central Florida area.
Mr. Webb graduated from Southwestern University in Georgetown, Texas in 1989 with a B.A. in business and a concentration in economics. Before going to law school Mr. Webb worked in the business world for a number of years managing companies in Texas, California, Illinois, and Florida.
Mr. Webb returned to his home state of Michigan to obtain his Juris Doctorate – Cum Laude, from Michigan State University. While attending law school, Mr. Webb served as Managing Editor of Business and Production for the Michigan State Law Review, as an intern for United States Federal District Judge Gerald E. Rose, and as a law clerk for the Department of Justice: United States Attorney’s Office, Eastern District of Michigan. During his tenure with the Department of Justice, under the internship section of the program, Mr. Webb functioned as lead counsel for the prosecution and trial of numerous misdemeanor cases.
