Michael A. Packer

In both the state and federal courts, Michael has participated in a number of bench and jury trials through verdict, all of which resulted in either a defense verdict or a verdict which was less than the amount demanded.

In addition, Michael is often asked to serve as coverage and bad faith counsel in third party actions, including monitoring the defense of litigation, as well as trial. As part of this role, Michael is often asked to draft reservation of rights, declinations and prosecute declaratory relief actions.

Michael has substantial experience in alternative dispute resolution, having represented clients in thousands of mediations, neutral evaluations and arbitration proceedings. Michael routinely advises clients on the evaluation and resolution of multi-claimant matters, often times where the injuries and damages exceed the available policy limits.

Over the past ten years, Michael and his group have defended in excess of three hundred sinkhole lawsuits, as well as hundreds of other first party lawsuits. The group has defended a number of cases through trial and appeal, including four sinkhole trials during recent years. In addition, the group represents more than ten statewide insurance carriers in first party property damage lawsuits, including many of the largest insurance carriers in Florida.

Michael routinely speaks at regional and nationwide industry conferences, specifically addressing coverage issues under first party property and third party liability policies. He has also presented a number of seminars on auto negligence, uninsured motorist and bad faith claims. Michael frequently travels around the country to provide in-house claims seminars with claims professionals. In addition, he has lectured on defending first party property damage claims including sinkhole and mold claims, which included review and analysis of claims handling procedures, as well as recommendations for the same. Michael has also written numerous articles for industry publications addressing Florida-specific claim handling issues and insurance companies’ rights and obligations in defending first and third party coverage actions.

In 1994 Michael earned his Bachelor of Arts from the State University of New York at Albany. Subsequently, Michael obtained his juris doctor in 1997 from the University of Miami School of Law, Coral Gables, Florida, where he graduated cum laude.

Michael is married to Nicole Packer and they live with their three children in Weston, Florida.

Honors & Awards

•Florida Trend Legal Elite, NOTABLE Managing Partner (2025)
•AV Preeminent by Martindale-Hubbell
•South Florida Legal Guide - Top Lawyers in Insurance Litigation Defense (2016, 2017, 2019, 2020, 2021)
•South Florida Legal Guide - Top Lawyers in Insurance Litigation (2014)
•South Florida Legal Guide - Top Lawyers (2013 )
•Florida Trend's Legal Elite - Top Up and Comer (2012)

Classes/Seminars Taught

•Examinations Under Oath - What Claims Professionals Need to Know to Conduct an Effective EUO, ALM/PropertyCasualty360 Complex Claims Conference, February 26, 2024
•Investigating a Claim Under a Reservation of Rights - Strategies for Managing Claims that May Not be Covered, Florida Defense Lawyers Association’s Florida Liability Claims Conference, Lake Buena Vista, FL, June 16, 2022
•What You Need to Know After you Go - Parts 1 and 2, CLM Claims College School of Property - Level 1 - Coverage, Virtual, 2021
•Current Issues and Case Law Affecting the Property Claims Arena, CLM Claims College School of Property - Level 3, Virtual, 2021
•Covid 19: To Be Property Damage or Not to Be Property Damage, CLM, January 2021
•Insurance Coverage and Bad-Faith Insurance Issues Under Florida Law, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014
•Protecting Your Clients' Interest During Settlement, WIND Conference, 2013
•American Conference Institute Bad Faith Litigation Conference (co-chairperson and lecturer) 2012
•American Conference Institute Bad Faith Litigation Conference (lecturer) 2011

Published Works

•'What Florida's 'Omnibus Insurance Bill' Means for the Duty to Defend, Appraisal Process,' Insurance Journal, June 17, 2019
•'Relief in Sight for Florida's Assignment of Benefits Crisis,' Daily Business Review, May 7, 2019
•“Constant or Repeated Seepage Over a Period of 14 Days or More,” Defense Digest, Vol. 24, No. 2, June 2018
•'Solving One of the Greatest Mysteries of Florida Property Law--Florida's Valued Policy Law,' Defense Digest, Vol. 22, No. 1, March 2016
•'Bill Would Change How Mitigation Companies Do Business,' Daily Business Review, March 3, 2015
•'Make Effective Mediation Your New Year's Resolution,' Claims Journal, Windstorm Conference Edition, January 2015
•Case Law Alerts, regular contributor, 2015-present
•' Why Insurers Shouldn't Produce Claims Files in Florida, ' Claims Journal, September 2014

Media Commentary

•'After 62 Years, Florida Appeals Court Drops the Expert Witness Rule on Attorney Fees,' Insurance Journal, March 26, 2026
•'Homeowners Have Post-Loss Duties Too, Florida Appeals Court Says in HCI Win,' Insurance Journal, March 20, 2025
•'Florida High Court Says Appraisals Can be Compelled Before Coverage Decided,' Insurance Journal, February 2, 2024
•'Florida Appeals Court Says Pre-suit Notice Requirement Not Retroactive,' Insurance Journal, November 29, 2023
•' What to Expect From Florida's AOB Reform Law,' Insurance Journal, June 17, 2019
•'Florida Supreme Court Rules Against Insurer in Concurrent Loss Case,' Insurance Journal, December 6, 2016

Results

Defense Verdict for Insurance Carrier in First Party Property, Breach of Contract Dispute in the Circuit Court of Palm Beach County

A water heater leak in a garage caused direct physical damage to the property, and our client paid the plaintiffs $956.95 for damages sustained to the garage, after applying the $1,000 policy deductible. The plaintiffs claimed that the defendant breached the contract of insurance by failing to fully indemnify them for all the property damage caused by the water leak. Specifically, the plaintiffs claimed: (1) the defendant underpaid for the garage by not allowing for “detach and reset of the water heater” in the amount of $600; (2) water from the water heater leak into the garage traveled through the crawlspace of the garage and caused the master bathroom vanity to warp; and (3) there was damage to “one” loose tile located on the toe-kick of the vanity that cannot be matched, requiring the replacement of the entire continuous tile in the home. The plaintiffs claimed total damages in the amount of $52,930.95. We defended the case at trial, arguing that the damages were limited to only the garage. Furthermore, we presented a case to the jury premised upon science, that is, water could not have traveled through the crawlspace of the garage for nine feet and caused damage to the master bathroom vanity, as the plaintiffs claim, without defying the laws of gravity.

Thought Leadership

Defense Digest

On the Pulse... Profile of the Insurance Services - Coverage and Bad Faith Litigation Practice Group

June 30, 2026

The Insurance Services - Coverage and Bad Faith Litigation Practice Group delivers comprehensive, end-to-end litigation and advisory services to national and global insurance carriers. While the group is deeply experienced in coverage and bad faith litigation, its capabilities extend well beyond traditional legal defense. Through its broader Insurance Services practice, the firm has built a dynamic suite of innovative, client-focused solutions tailored to the evolving needs of insurers operating in complex and high-risk environments.With attorneys present in jurisdictions spanning from Florida to New York, the practice group approaches each matter with a strategic, solutions-oriented mindset. Its attorneys focus not only on resolving disputes, but on proactively managing risk by developing creative strategies to control exposure, avoid litigation where possible, and transfer risk effectively. In doing so, the group remains mindful of the broader business implications for its clients, including the protection of brand integrity and competitive positioning within the insurance industry.The group’s experience encompasses the full spectrum of insurance products, including commercial, personal property, and casualty policies, professional liability coverage, health and life insurance, and workers’ compensation policies. This breadth allows the team to provide nuanced, industry-specific counsel across a wide array of coverage issues and claims scenarios.Leadership within the practice group reflects both geographic reach and subject-matter depth. Todd Leon, who has offices in Philadelphia and Mount Laurel, serves as the Northeast head, with Allison Krupp of the Camp Hill office serving as vice-chair. Michael Packer, based in Fort Lauderdale, oversees operations in the Southeast, with Danielle Robinson, also of Fort Lauderdale, as the vice chair. Together, they guide a team of approximately 20 attorneys who provide consistent, coordinated legal services across jurisdictions. The Southeast team, in particular, brings a sophisticated understanding of the unique legal and regulatory challenges associated with Florida’s insurance landscape. Across all offices, attorneys are supported by a strong network of associates, paralegals, and professional staff, enabling the group to efficiently manage even the most complex coverage disputes, including first-party property and automobile litigation. The group also benefits from the leadership and insights of Jim Cole, the former group chair, who is now the Director of the firm’s Professional Liability Department.The practice group has a proven track record of successfully representing insurers in both state and federal courts in first-party and bad faith litigation and in providing opinions on coverage issues in jurisdictions around the country. Its attorneys are well-versed in the intricacies of institutional discovery, including corporate designee, apex, and employee depositions, as well as the litigation tactics often employed by plaintiffs to drive settlement pressure. By offering strategic guidance at every stage - both pre-litigation and during active disputes - the group helps clients evaluate coverage positions, mitigate risk, and make informed decisions about resolution or trial. When litigation is unavoidable, the firm’s seasoned trial attorneys are prepared to vigorously defend even the most complex and high-exposure matters.Beyond litigation, the group offers a wide array of services designed to support insurers’ operational and strategic objectives. These include coverage consultation, coordinating counsel services, catastrophe (CAT) operation coverage strategies, and specialized support for first-party property and automobile claims. The team also provides SIU and fraud-related investigation and litigation services, indemnification and risk transfer strategies, and comprehensive bad faith evaluation and defense. Additional offerings include policy language review, representation before administrative and insurance departments, claims practices consultation, and institutional discovery support. The group also works closely with clients to develop best practices, internal guidelines, and customized training and educational programs tailored to the full range of insurance products.With 19 offices across Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, and an active presence in neighboring jurisdictions such as Maryland, West Virginia, and Kentucky, the Insurance Services Practice Group is positioned to provide seamless, regional, and national support. Its integrated approach ensures that clients receive not only skilled legal representation but also practical, forward-looking guidance designed to meet the demands of today’s insurance landscape.

Legal Updates for Florida Coverage and Property Litigation

Fourth DCA Rules a Notice of Intent to Litigate is “Suit-Specific” and a Notice must be Filed Prior to All Lawsuits Filed on a Single Claim

June 11, 2026

Moreno v. People’s Trust Insurance Company, (May 13, 2026)This case involved a property damage claim in which the homeowner argued she was not fully indemnified. She provided the insurer with a notice of intent to litigate prior to filing suit. The lawsuit was filed, but later voluntarily dismissed. The homeowner then filed an identical lawsuit, but did not provide a second pre-suit notice before doing so. The insurer moved to dismiss the lawsuit, arguing it was entitled to a second pre-suit notice of intent to litigate, because notice is “suit-specific,” not “claim-specific.” The trial court granted the motion and dismissed the case without prejudice. On appeal, the homeowner argued the statute’s reference to “a notice” for a “suit” is “claim-specific” not “suit-specific.” The Fourth DCA found that the requirement for pre-suit notice was in fact “suit-specific” and affirmed the trial court’s dismissal of the case. The Fourth DCA reasoned that 627.70152(3) requires a pre-suit settlement demand that itemizes damages and attorneys’ fees and costs, not a simple notice of a claim. The Fourth DCA further reasoned that the settlement demand provided before the second suit would also include damages incurred after the first lawsuit was filed. Thus, the court reasoned, adopting the homeowner’s “claim-specific” argument would frustrate the core purpose of the statute, which is to allow the insurer to evaluate an updated settlement demand.

Marshall Dennehey Promotes James Cole and Sunny Sparano to Lead The Firm’s Professional Liability Department and Announces New Board of Directors Appointments

January 5, 2026

Michael A. Packer Named a Florida Trend Legal Elite NOTABLE - Managing Partner

July 1, 2025