Mintz Truppman, P.A. files lawsuit after insurance company publishes confidential mediation communications
MIAMI (April 5, 2017) – Mintz Truppman, P.A., recently filed an amended lawsuit in Miami-Dade Circuit Court, against Lexington Insurance Company and its attorneys Cozen O’Connor. The defendants disclosed confidential mediation communications and Lexington acted in bad faith in an attempt to reduce its payment of attorney’s fees.
Mintz Truppman successfully sued Lexington for a client whose home was damaged by a sewage leak. A settlement was reached and the homeowner’s insurance claim was paid. Lexington stipulated to Mintz Truppman’s entitlement to attorney’s fees, however, failed to pay any fees, despite agreeing that $70,000 – $85,000 of the fees were reasonable, on more than one occasion.
“Lexington and Cozen used Mintz’s confidential mediation communication in their argument to the Court, in an attempt to reduce Mintz Truppman’s fee – – exactly what the mediation confidentiality statute was meant to prevent,” said attorney Mark J. Mintz. “Now, the Defendants are claiming that no mediation confidentiality exists in litigation, which would eviscerate mediation as we know it.”
Fla. Stat. ‘ 44.405 provides that no mediation communication shall be disclosed and Fla. Stat. ‘ 44.406 provides civil remedies for such violation, with limited exceptions, not applicable. “Insurance companies and their law firms need to understand that there are consequences for violating the law,” Mintz said.
The lawsuit seeks equitable relief and compensatory damages as well as attorney’s fees, and contains counts for Declaratory Relief, Breach of the Mediation Contract, Conspiracy to Violate Florida’s Mediation Confidentiality and Privilege Act, Bad Faith/Unfair Claims Practices and Fraud.
The lawsuit includes bad faith, as Lexington made no attempt in good faith to pay or settle the attorney’s fee and cost claim, and Mintz Truppman claims Lexington’s actions were willful, wanton, malicious, and solely for its own profit motive.
Mintz Truppman, P.A., exclusively represents individual and business insurance claimants against their own insurance companies and handles various complex commercial litigation matters. The firm’s attorneys have achieved many high-stake results for their clients, using litigation and negotiation to enforce the insurance policy and obtain just compensation for clients’ losses. For information about the firm, visit www.mintztruppman.com. The lawsuit can be downloaded here or at www.lawsuitpressrelease.com.
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Source: Mintz Truppman, P.A.