Tom is a partner at Starnes Davis Florie, and has been with the firm since 1986. Practice Tom devotes 100% of his practice to civil litigation. He has extensive experience with construction litigation, surety and fidelity claims, design professional defense, probate and bankruptcy litigation, and the defense and prosecution of business and commercial claims. Tom has represented various national and regional companies, including Zurich North America, CNA Surety, Travelers Casualty and Surety Company, State Farm Fire and Casualty Company, Safeco Insurance Company of America and Old Republic Surety Company. Highlights * Obtained a dismissal with prejudice of a bad faith claim asserted against a performance bond surety in the Circuit Court of Jefferson County, Bessemer Division. * Obtained a summary judgment in favor of a surety against a bonded contractor and its owners in the amount of $1,086,487.25 in the United States District Court for the Middle District of Alabama. * Successfully obtained a dismissal with prejudice of bad faith claim asserted against a performance bond surety in the Bessemer Division of Jefferson County Circuit Court. * Obtained a dismissal with prejudice of a "bad faith" claim asserted against a payment bond surety in the Circuit Court of Tuscaloosa County. * Successfully objected to bonded conservator's discharge in Bankruptcy due to debtor's defalcation while serving in a fiduciary capacity. * Obtained summary judgment in favor of a surety against its bonded contractor for 100% of loss, including all attorney's fees, after surety paid amounts to owner for claims under performance bond. * Successfully defended surety against claims of "bad faith" by owner and obtained full recovery against bonded contractor for amounts paid to owner, plus all attorney's fees and expenses. * Obtained summary judgment, which was affirmed on appeal by the Supreme Court of Alabama, in favor of a surety on a bank renovation project in South Alabama based upon owner's failure to meet conditions precedent to invoke surety's obligations under performance bond. * Successfully defended claims of "bad faith" made by bonded contractor and obtained full recovery from contractor of amounts paid under payment bond, plus attorney's fees and expenses. Honors And Awards As a student at The University of Alabama School of Law, Tom was the recipient of the Walter Gwin Best Brief Award in the 1985 Moot Court Competition. Tom also served as a member of the International Law Moot Court Team which competed successfully in Miami, Florida. Tom further was a member of the Bench and Bar Legal Honor Society and Order of Barristers. Community Involvement Tom is actively involved at Trinity United Methodist Church where he serves as a member of the Administrative Board. Tom has also served on various committees of the Birmingham Bar Association, worked on numerous cases on a pro bono basis through the Birmingham Volunteer Lawyers Association and regularly serves meals at local community shelters with his wife, Kristi, and six children. Reported Cases In re Pierce, 2004 Bankr. LEXIS 1133 (Bankr. S.D. Ala, April 15, 2004). Bank of Brewton, Inc. v. International Fidelity Ins. Co., 827 So.2d 747 (Ala. 2002). Frontier Ins. Co. v. International, Inc., 124 F.Supp.2d 1211 (N.D. Ala. 2000). City of Gulf Shores v. Harber Int'l, 608 So.2d 348 (Ala. 1992). Tittle v. Giattina, Fisher & Co., 597 So.2d 679 (Ala. 1992). Travelers Ins. Co. v. Fountain City Credit Union, 889 F.2d 264 (11th Cir. 1989). Speeches And Publications * Ethical Issues in Tenders of Defense and Joint Defense Agreements: 22nd Annual Southern Surety & Fidelity Claims Conference, April 2011. * 2011 Fidelity Update: 22nd Annual Southern Surety & Fidelity Claims Conference, April 2011. * Overview of Payment, Performance, and Bid Bonds; Licensing Requirements for General Contractors and Limitations on Bidding; Qualification Requirements and Effect of Alabama's Door Closing Statute; Commercial General Liability Insurance and Builders Risk Insurance, Construction Law: From A to Z Seminar, October 28, 2008. * Presented a paper at Travelers' Philadelphia office regarding the potential implications of the Chapter 9 Bankruptcy filing by Jefferson County (2008) *Objecting to the Discharge of the Debtor in Fidelity and Miscellaneous Bond Cases: Southern Surety & Fidelity Claims Conference (2007) * Recent Developments in Surety Law: Southern Surety & Fidelity Claims Association Conference (2005) * Bad Faith: A Survey of Current Law for Sureties and Fidelity Carriers: Southern Surety & Fidelity Claims Association Conference (2004) * Potential Set-Offs and Defenses Available to a Probate Surety: Southern Surety & Fidelity Claims Association Conference (2003) * Surety Law Update: Southern Surety & Fidelity Claims Association Conference (2002) * Necessity for Default Declaration and Other Conditions Precedent to Invoke Surety's Obligations under Performance Bond: Southern Surety & Fidelity Claims Association Conference (2001) Tom has also been a contributing author of the following recent ABA publications: * The Law of Motor Vehicle Dealer Bonds (William Downing, Lisa Jennings-Baroun, James Keamer and Aaron McKee, Editors) (2006). * Contractor's State License Bonds Desk Reference (Edward Lodgen, Catherine Squillace and Mark Herbert, Editors) (2006) Related News 12/11/2007, Partner Tom Selden to participate in ABA seminar. |