Josh Levy

Josh Levy

Partner Miami, United States

Admissions

  • Florida
  • US District Court, Middle and Southern Districts of Florida

Education

  • John Marshall Law School, LLM, 2014
  • George Washington University Law School, JD, 2002
  • University of Virginia, BA, 1996

Josh is a Partner in the firm’s Miami office. He has significant experience with different types of insurance coverage matters, including commercial general liability, umbrella and excess, and professional liability. Josh counsels domestic and international insurers on coverage and claims-handling issues for complex coverage disputes involving claims of bodily injury, property damage, personal and advertising injury, professional liability, bad faith, additional insured status, and contractual indemnification. Josh also litigates coverage actions in state and federal courts nationwide involving a variety of substantive and procedural issues, and has briefed and argued motions and appeals at multiple levels.

Josh also counsels business on compliance with US customs and international trade laws, defends importers in customs penalty cases, and represents importers in administrative and regulatory proceedings before US Customs, the US Department of Commerce, and other government agencies.

Josh is a member of the Florida Bar; Insurance Coverage Committee; ABA Tort, Trial, and Insurance Practice Section; the Defense Research Institute (DRI); Claims and Litigation Management Institute (CLM); and Florida Defense Lawyers Association (FDLA)

Work highlights

  • Awarded summary judgment for Commercial General Liability insurer in breach of contract suit alleging wrongful denial of coverage for $15 million judgment in assault and battery claim against HUD-financed property. Judgment was affirmed on appeal.
  • Obtained summary judgment for insurer issuing Owner Controlled Insurance Policy in breach of contract suit alleging wrongful denial of coverage for $3.6 million judgment against subcontractor for defective work at luxury apartments.
  • Granted summary judgment for Employee Benefits Liability insurer in declaratory judgment action alleging wrongful denial of coverage for condominium association’s claim for $250,000 in unpaid annual leave and attorney’s fees.
  • Defending a domestic insurer in first-party property litigation pending in federal district court in the Southern District of Florida. The damage claim includes full replacement of roofs pursuant to the Florida Building Code for 33 buildings allegedly damaged by Hurricane Irma. Plaintiff seeks over $4 million in damages, while the actual cost to repair the roof damage falls below the policy’s Hurricane deductible.
  • Handling bad faith litigation against client pending in federal district court in the Southern District of Florida. The claim arises out of catastrophic injuries sustained by the claimant at the insured’s property in St. Lucia. Client issued a D&O Policy. The claimant asserts the policy provides coverage for her $66.5 million judgment against client’s insured despite the Policy’s exclusion for bodily injury claims. We successfully moved to stay the bad faith case pending resolution of the coverage dispute in arbitration in Hong Kong.
  • Handling declaratory judgment/coverage action pending in federal district court in the Southern District of Florida seeking determination that prior knowledge exclusion in Side-A Directors & Officers’ Liability Policy precludes coverage for FTC Action against officers alleging deceptive marketing practices.

Presentations and publications

  • Presentation, “Florida Bad Faith Law: The Insurer’s Duty to Settle and Responding to Time Limit Demands,” In-House Training for Crum & Forster (December 2019)
  • Co-author, "Handling multiple competing claimants and the potential for bad faith liability in Florida," published for Kennedys (September 2019)
  • Author, “Beware the undertaker: The potential for bad faith handling in Florida for the insurer handling covered and non-covered claims,” published for Kennedys (April 2019)
  • Co-author, “Handling the Florida Claimant’s Demand for a Financial Affidavit,” published for Kennedys (January 2019)

Reported decisions

  • Modest v. First Mercury Insurance Company, 2020 WL 1491782 (Fla. 3d DCA 2020)
  • Alamo-Cruz v. Evanston Ins. Co., 2019 U.S. Dist. LEXIS 129452 (S.D. Fla. Aug. 2, 2019)
  • Palm Beach Leisureville Cmt’y Ass’n v. Evanston Ins. Co., 2019 U.S. Dist. LEXIS 115552 (S.D. Fla. Jul. 10, 2019)
  • McCullough v. AIG Ins. Hong Kong Ltd., 2019 U.S. Dist. LEXIS 79338 (S.D. Fla. May 10, 2019)
  • Advanced Systems, Inc. v. Gotham Ins. Co., 272 So.3d 523 (Fla. 3d DCA 2019)
  • IVFMD Fla., Inc. v. Allied Prop. & Cas. Ins. Co., 679 Fed. Appx. 769 (11th Cir. 2017)
  • Nova Cas. Co. v. OneBeacon Am. Ins. Co., 603 Fed. Appx. 898 (11th Cir. 2015)