David B. Levin

Defended a products manufacturer in numerous lawsuits throughout Florida involving alleged defective products or breach of warranties.

Negotiated the full release in favor of an auto insurer in pre-litigation mediation, paying a fraction of the injured party's demand and securing a contribution from a third-party involved in the accident.

Secured the dismissal of a time-barred personal injury claim for a large motor-carrier client.

Obtained a jury verdict awarding hundreds of thousands of dollars in legal fees and costs in favor of a national title insurance underwriter in dispute with its insured owner over termination and withdrawal of insurance coverage.

Defeated a homeowner's claim that the client breached its duty to procure mortgage insurance.

On behalf of an insurer, settled dozens of Hurricane Irma- and Michael-related property damage lawsuits, securing the full releases for the insurer and avoiding bad faith claims.

Awarded final summary judgment defeating insured's claim for breach of a homeowner's policy following carrier's denial of a windstorm claim, which was based on a post-policy endorsement excluding roof-related damages. The court agreed that statutory notice required for policy renewals did not apply to an original issued policy, did not apply to a surplus lines carrier, and did not require premium refund to be effective.

Successfully argued for dismissal of a roofing contractor's breach of contract claim, with the court finding that the contractor's assignment did not comply with several requirements of Florida Statute 627.7152, and that the assignment violated the policy's anti-assignment clause.

Awarded final summary judgment in state court for a breach of contract claim, where the court ruled that the plaintiff's breach of contract was not supported by the undisputed evidence and specific contract language at issue.

Awarded final summary judgment in the U.S. District Court for the Northern District of Florida in favor of a defendant-client, where the court agreed that the plaintiff's breach of contract claim was not supported by the undisputed evidence and specific contract language at issue.

Secured a dismissal with prejudice of a lawsuit filed by a water mitigation vendor, with the court finding that the subject insurance policy's anti-assignment provision was enforceable, which also led to an award of entitlement to attorney's fees to our client.

Avoided costly and risky litigation in federal court when the property carrier's motion to compel arbitration was granted over the objection of the insured.

Defeated a motion to dismiss a federal court petition seeking declaratory relief to secure a delineated appraisal award form intended to substantially limit carrier exposure to non-covered damages. In denying the motion to dismiss, the court was persuaded by novel arguments that had not previously been considered.

Obtained a bench trial judgment in favor of a private lender over commercial property located on Collins Avenue in Miami Beach.

Foreclosed several commercial properties for an institutional lender against common borrower.

Negotiated release of Receiver's Lien over commercial property in foreclosure.

Recovered substantial sums owed to an institutional lender on numerous delinquent loan accounts. Recovery was obtained through settlement, post-judgment garnishment, or other execution.

Successfully recovered tax deed surplus funds that had been absconded with by a court-appointed Receiver.

Awarded the entire portion of condemnation proceeds, plus attorney's fees, for secured lender in an eminent domain case.

Salvaged a commercial real estate sale through aggressive negotiation and avoided costs to defend a multi-count complaint alleging fraud against a client.

Defended a property owner against a wrongful multi-million dollar foreclosure by an aggrieved private lender.

Defended a homeowner in a specific performance trial, defeating claims by the buyer that seller-client breached by failing to terminate a low-income housing deed restriction.

Defended a mortgage holder in a quiet title action involving allegations of fraud and wrongdoing relating to a Miami Beach home valued in excess of $1 million. Obtained judgment in the client's favor after a non-jury trial, which permitted the holder to foreclose its mortgage in a first lien position.

Reached a successful settlement following a week-long jury trial on behalf of the purchaser of a multi-million dollar property on Star Island in Miami Beach.

Qualified by a Broward County Circuit Court Judge as an expert for the purpose of opining on the reasonable amount of hours spent and the reasonable hourly rate charged in a lawsuit involving a real property dispute.

Obtained a summary judgment defeating borrowers' counterclaim of criminal usury against an out-of-state lender and later foreclosure judgments overcoming similar usury-based defenses.

Obtained a dismissal with prejudice of borrower's counterclaim alleging violation of the Florida Consumer Collections Practices Act.

Resolved a complex title dispute that jeopardized a client's lien position on a foreclosed property within 48 hours of retention as counsel.