Firm Profile 

The firm of Stephens, Lynn, Klein, LaCava, Hoffman & Puya, P.A. has been actively engaged in the practice of law in South Florida for approximately twenty years. Its Martindale-Hubbell Law Directory rating of "A.V." is the highest available rating, resulting from answers to confidential questionnaires by other lawyers within the community. Its practice is limited almost exclusively to the representation of insurance companies and self-insurance trusts, large self-insured corporations and both insured and uninsured professionals. The firm has tried hundreds of professional liability cases, personal injury cases, product liability cases, fidelity and insurance matters and environmental claims, as well as a considerable number of declaratory judgments on insurance coverage matters. The firm's ability to successfully handle litigation matters is enhanced due to its:

• emphasis on organizing the handling and presentation of cases;
• regular meetings between senior trial attorneys and associates, to discuss developments in existing cases and to allow a regular exchange of information on developments in the law and the management of the existing case load;
• latest equipment for sharpening of skills and presentation of cases;
• extensive use of computers and scanning devices for the management of discovery-intensive cases;
• use of word processing; and
• computerized legal research

The firm has developed considerable expertise in the handling of specialized, multi-district litigation, including environmental claims, multi-jurisdictional coverage matters, and other forms of litigation involving coverage or product liability issues with nationwide implications. The firm has been involved in asbestos litigation and CERCLA litigation both locally and nationally, and has coordinated presentation of coverage defenses in multi-state product liability litigation.

As part of its defense of Federal Court actions against both private and municipal corporations and professionals, the firm has developed considerable expertise over the course of the past ten years in the handling of civil rights and RICO actions, employment related or ERISA claims, federal and state class actions and other federally-based theories of liability.

PROFESSIONAL LIABILITY LITIGATION

The firm has devoted a substantial portion of its practice to the defense of professionals over the course of the past twenty years. One entire division of the firm is devoted to the defense of medical and pharmaceutical malpractice claims, including HMOs and nursing homes, while another unit specializes in the defense of legal malpractice and miscellaneous professional liability claims. In that regard, the firm has been in the vanguard of defense firms within the State of Florida in advancing or promoting new theories of defense, both at the trial court level and before the state and federal Courts of Appeal. The firm's appellate division has been instrumental in pursuing critical theories of defense as amicus curiae before the Florida Courts of Appeal and the Florida Supreme Court, and has also written briefs on behalf of the American Medical Association, the Florida Hospital Association, the Florida Medical Association and the Florida Defense Bar Association in support of various forms of tort reform legislation. In that capacity, the firm was successful as amicus curiae before the Florida Supreme Court in limiting the liability of attorneys to non-clients and in securing strict compliance with Florida's pre-suit screening requirements in medical malpractice actions, and also took part in recent decisions which have upheld the current statutory cap on non-economic damages.

PRODUCT LIABILITY, SELF-INSURED AND GENERAL LIABILITY CLAIMS

With the advent of sophisticated product liability litigation and the growing numbers of self-insured corporations, the firm has devoted considerable time to the defense of large corporations, in both product liability actions and in general liability claims. Those attorneys who are dealing with specific corporate insureds have been taught to be sensitive to the concerns of the self-insured, which are often quite different from the traditional concerns which are associated with the defense of an insured product liability claim. For example, the firm has developed the use of sophisticated confidentiality agreements to protect against disclosure of sensitive product information where cases are settled, and to otherwise preclude wide-scale dissemination of information concerning potentially defective products to the plaintiff's bar or the public. The firm has also been asked to work in conjunction with risk management groups to assess future liability potential, and to otherwise assist in devising quality assurance programs which will reduce the number of potential claims.

The firm has specialized in product liability litigation from its inception, both through self-insured corporate clients and corporate insureds. The firm has been involved extensively in multi-district product liability litigation and toxic tort litigation, including claims involving administration of DES, as well as extensive involvement with asbestos litigation. The firm is also currently involved in multi-district litigation involving certain over-the-counter medications, and is representing both self-insured manufacturers and retail outlets on product liability claims arising out of alleged product defects. In this area, the firm also has extensive experience in defending drug retailers in both product liability and premises liability claims as well as lawsuits arising out of the allegedly negligent dispensing of prescription drugs.

The firm's product liability experience extends to suits involving crashworthiness and wheel and tire defects as well as other forms of automobile, trucking and motorcycle-related product liability claims. The firm has also gained experience in the defense of claims involving various forms of construction equipment, including concrete bumps and Gantry cranes, diving equipment, various forms of firearms and related component parts. At the present time, the firm is trial counsel for the Intermedics Group on product claims involving pacemakers and other forms of biomedical appliances. The firm has also had extensive experience as trial counsel for companies manufacturing pacemakers and other forms of biomedical appliances.

The firm also handles all types of general liability work including every conceivable type of accident, including interstate trucking accidents, slip and fall claims, automobile accidents, and accidents occurring in hotels, houses, airports, etc.

ENVIRONMENTAL LITIGATION

The firm has been extensively involved in all manner of environmental claims. The firm has had extensive experience in the defense of multi-jurisdictional asbestos litigation, in the defense of the Pittsburgh Corning Corporation, Owens-Illinois and Okonite Company, including actual trial experience in the first asbestos claim that was tried in Miami. The firm has also been heavily involved in both Florida and multi-state Super Fund claims, and has developed considerable expertise in handling the defense of AIDS-related litigation on behalf of blood banks and bio-hazardous waste disposal service corporations. The firm also specializes in both the prosecution and defense of coverage actions stemming from the various forms of pollution exclusions, and is currently involved in a number of pending Florida cases which seek to secure favorable rulings for the first time in Florida concerning interpretation of the more recent forms of the pollution exclusion.

MARINE LITIGATION

The firm has extensive experience in suits involving marine operator liability matters, including shipbuilding, storage and crew claims. Those attorneys dealing with marine insureds have extensive litigation experience, and an intimate knowledge of maritime matters and regional marine affairs. At present time, the firm is trial counsel for several of the largest boat builders and boat yards in matters involving crew claims and vessel damage.

THE INSURANCE PRACTICE GROUP

Stephens, Lynn, Klein, LaCava, Hoffman & Puya, P.A. has extensive experience representing the many sectors of the insurance industry, including domestic, foreign and overseas insurers and surplus lines carriers. As a full-service firm, attorneys resident in our Miami, West Palm Beach, Ft. Lauderdale and Tampa offices bring a multi-disciplinary approach to the representation of our insurance industry clients.

The Firm's attorneys represent clients from all segments of the insurance industry, including professional liability carriers and credit life insurers, property and casualty insurers, life and health insurers, specialty insurers, agents, brokers, reinsurance companies, debtors and creditors of insolvent insurers and trade associations.

The various roles which we assume in counseling such diverse interests give us a unique understanding of each party's priorities and agendas. This translates into a valuable advantage during the negotiation of transactions and in working with regulators and lobbying legislatures.

Attorneys in our insurance law group represent clients in a wide range of matters including:

• formation and licensure of insurers and reinsurers;
• state regulatory matters;
• mergers and acquisitions;
• public and private financing;
• reinsurance transactions;
• product development, including policy and insurance contract wording;
• state legislative representation;
• litigation and insurance regulatory proceedings;
• alternative dispute resolution;
• real estate and securitization matters;
• federal and state tax matters;
• ERISA, executive compensation and employee benefits

The firm's attorneys are committed to providing superior and responsive legal services to firm clients, while remaining cognizant of the client's ultimate business objectives and their need for practical, cost effective advice. The IPG attorneys are also active in a variety of educational and informational forums and organizations. They attend and participate in regulatory and trade association meetings and conventions, including the National Association of Insurance Commissioners (NAIC).

COVERAGE LITIGATION

The firm has a division that is devoted to the prosecution and defense of first party and third party coverage matters, including rescission issues. That division of the firm assists carriers in their preliminary compliance with Florida's Insurance Code in order to avoid potential waiver of defenses, given the strict timetables that are set forth in Florida's non-waiver statute. In that regard, the firm has lectured to a number of different insurance carriers to acquaint them with procedures which must be utilized to avoid a potential waiver. Where coverage opinions are provided, the firm is then prepared to prosecute actions for declaratory decree or rescission, with an integrated unit that utilizes both trial and appellate attorneys working together to both prepare an appropriate record and to otherwise secure favorable rulings on appeal where questions of policy interpretation are presented for the first time before Florida or Federal Courts.

SECURITIES FRAUD AND FIRREA RELATED LITIGATION

The firm has several members and associates with substantial experience in defending professionals and non-professionals in litigation, including class actions, involving alleged violations of state and federal securities laws, as well as claims brought by the FDIC or RTC under FIRREA. This experience includes the defense of attorneys, accountants, appraisers, bank and savings & loan officers and directors and corporate officers and directors. In addition to the representation of clients in the state and federal court systems, members and associates of the firm are involved in the defense of securities broker dealers and registered representatives in arbitration proceedings before the NASD.

REAL ESTATE LITIGATION

The firm represents real estate agents and brokers in various litigation matters including professional liability claims, recovery of real estate commissions, and escrow deposits. In addition the Firm has handled representation of real estate brokers before administrative bodies such as the Board of Realtors and the Florida Real Estate Commission.

The firm also represents other professionals in the real estate industry, including title insurance agents, appraisers and brokers. In addition, as litigation counsel, the firm represents buyers and sellers of residential and commercial real estate in failed real estate transactions.

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