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Vincent Fernandez

Senior Associate | Tampa

Vincent Fernandez is a Senior Associate in our Tampa Office. He practices in First-Party Coverage and Extra-Contractual matters, including claims and lawsuits by businesses, condominium associations, and homeowners for property damage and business interruption losses.

Vincent graduated with his Bachelor of Science in Finance from the University of South Florida in 2013 and earned his Juris Doctorate from the Florida State University College of Law in 2017. During law school, he focused on litigation, trial advocacy, and legal research.

After graduation, Vincent served as a Hearing Officer over a Medicaid Recipient Tribunal within the Agency for Health Care Administration’s Office of Medicaid Fair Hearings, in Tallahassee, Florida. Prior to joining the firm, he practiced criminal law as an assistant state attorney for the Thirteenth Judicial Circuit.

Vincent is licensed to practice law in the State of Florida and has litigated cases in State Court and in each of the three Federal District Courts.

Admissions

  • Florida

Education

  • Florida State University College of Law
    Juris Doctorate
  • University of South Florida
    Bachelor of Science

Memberships

  • Florida Bar Association

Courts

  • Northern District Court of Florida
  • Middle District Court of Florida
  • Southern District Court of Florida

Media

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

  Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim. The Fourth District Court of Appeal recently held that plaintiffs are not entitled to attorney’s fees if a...

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May 3, 2023). Florida’s Fourth District Court of Appeal affirmed the trial court’s dismissal of an in...

Confined to the Four Corners by the Rules of Contract Interpretation

A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and expectations to the contrary, reversing the trial court’s entry of summary judgment. Shiloh Christian Center v. Aspen Specialty Ins. Co., No. 6:20-cv-01774-CEM-LHP, 2023 WL 2920573, at ...

Attorneys Vincent Fernandez and Shaheen Nouri Published in Claims Journal

The Claims Journal recently republished a blog written by attorneys Vincent Fernandez and Shaheen Nouri discussing a Florida Supreme Court decision which answered the question of what it means to be a “disinterested” appraiser. You can read the Claims Journal article by clicking here....

Too Interested To Be Disinterested: The Florida Supreme Court’s Take on Disinterested Appraisers

“If you and we fail to agree on the amount of loss, either party can demand that the amount of the loss be set by appraisal. . . . [e]ach party will select a qualified, disinterested appraiser[,]” is a phrase known all too well by courts, carriers, policyholders, and their respective counsel across the State of Florida.  On February 9, 2023, the Florida Supreme Court answered the question of...

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Congratulations to our Newest Senior Associates!

We are excited to announce our latest Senior Associates: Stephen Udagawa, Dericka Burke, Vincent Fernandez, and Abraham Shakfeh. Click on their names to learn more about them....

Dodge’n Expert Bias Discovery Issues Raised in Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be discovered.  This includes the frequency with which a firm uses a particular expert.  See Allstate Insurance Co. v. Boecher, 733 So. 2d 993, 994 (Fla. 1999) (holding that ...

What’s in a name?

What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount in controversy. The Middle District of Florida recently considered the issue of whether Federal Rule of Evidence 408 and its Florida counterpart, section 90.408, Florida Statutes preclude a court from considering a confidential settlement communication as evid...

Butler’s Thursday Tips #2 | How to Keep Focus While Working From Home

[embed]https://youtu.be/LWV4KMuPCxs[/embed]...

June – Welcome to our Newest Attorneys!

We extend a warm welcome to the newest attorneys to join our Butler family!...

Vincent Fernandez