Shareholder
Chair, Insurance and Class Actions Practices
Chair, Insurance and Class Actions Practices
Tel:
305.982.5576
Fax:
305.374.5095
Marcy Levine Aldrich concentrates her practice in complex litigation disputes, including class action litigation and complex insurance litigation. In particular, Marcy has handled the defense of over 150 class action cases in both state and federal courts.
Marcy has significant experience defending property and casualty insurers in class action litigation involving a wide variety of issues including, but not limited to: insurers’ specification of non-original equipment manufacturer parts (“aftermarket” or “non-OEM” parts) for insured vehicles; whether automobile insurers are required to pay for “diminished value” losses in the first party context; the use of “betterment” deductions in adjusting insured losses; compliance with Florida “three-option letter” statute in connection with insurance premium quotes; deductible refund practices in connection with subrogation claims; handling of uninsured motorist claims; adjustment for overhead and profit in connection with homeowners’ insurance claims; adjustment of hurricane claims under homeowners' policies; and a wide variety of issues arising under the Florida No-Fault ("PIP") Statute.
She also defends insurers in class actions involving underwriting issues, coverage issues, insurance agency issues, disability insurance issues, and claims handling issues. In addition to insurance class action litigation, Marcy handles the prosecution and defense of appeals on behalf of insurers in both state and federal appellate courts, and the defense of extracontractual and bad faith claims against insurers in state and federal courts.
Marcy represents securities industry firms in securities class action cases, as well as in disputes before the NASD and the NYSE. Marcy also has experience in handling other complex commercial disputes, including class action disputes involving warranty issues, products liability, RICO, and contract matters.
Marcy regularly publishes articles on the subject of class action litigation in various publications, including ABA and DRI publications. She has served as a Regional Coordinating Editor of the annual ABA Survey of State Class Action Laws for several years.
Marcy has significant experience defending property and casualty insurers in class action litigation involving a wide variety of issues including, but not limited to: insurers’ specification of non-original equipment manufacturer parts (“aftermarket” or “non-OEM” parts) for insured vehicles; whether automobile insurers are required to pay for “diminished value” losses in the first party context; the use of “betterment” deductions in adjusting insured losses; compliance with Florida “three-option letter” statute in connection with insurance premium quotes; deductible refund practices in connection with subrogation claims; handling of uninsured motorist claims; adjustment for overhead and profit in connection with homeowners’ insurance claims; adjustment of hurricane claims under homeowners' policies; and a wide variety of issues arising under the Florida No-Fault ("PIP") Statute.
She also defends insurers in class actions involving underwriting issues, coverage issues, insurance agency issues, disability insurance issues, and claims handling issues. In addition to insurance class action litigation, Marcy handles the prosecution and defense of appeals on behalf of insurers in both state and federal appellate courts, and the defense of extracontractual and bad faith claims against insurers in state and federal courts.
Marcy represents securities industry firms in securities class action cases, as well as in disputes before the NASD and the NYSE. Marcy also has experience in handling other complex commercial disputes, including class action disputes involving warranty issues, products liability, RICO, and contract matters.
Marcy regularly publishes articles on the subject of class action litigation in various publications, including ABA and DRI publications. She has served as a Regional Coordinating Editor of the annual ABA Survey of State Class Action Laws for several years.
Class Action Defense
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Representation of insurer in class action challenging medical bill reimbursements for Florida No-Fault ("PIP") coverage. Integra Health Servs., Inc. v. Progressive American Ins. Co., 18 So.3d 1129 (Fla. 4th DCA 2009) (per curiam)
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Representation of insurer in class action challenging the reasonableness of medical bill reimbursements for Florida No-Fault ("PIP") coverage. Shenandoah Chiropractic, P.A. v. National Specialty Ins. Co., 526 F. Supp.2d 1283, (S.D. Fla. 2007)
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Representation of insurer in class action challenging application of hurricane deductibles under condominium policies. Fabricant v. Kemper Independence Ins. Co., 474 F. Supp.2d 1328 (S.D. Fla. 2007)
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Representation of auto insurers in class action challenging sales practices. Integon Corp. v. Gordon, 953 So. 2d 725 (Fla. 1st DCA 2007)
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Representation of insurers in two class action suits dealing with the handling of subrogation claims under auto insurance policies. Monte De Oca v. State Farm Fire & Casualty Co./Snell v. Allstate Indemnity Co., 897 So. 2d 471 (Fla. 3d DCA 2004)
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Representation of insurer in class action challenging deduction of depreciation for repairs under auto insurance policies. Rodriguez v. Amstar Ins. Co., 888 So. 2d 760 (Fla., 3d DCA 2004)
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Representation of insurer in class action challenging the handling of subrogation claims under auto insurance policies. Kendrick v. State Farm Mutual Auto. Ins. Co., 822 So. 2d 516 (Fla. 3d DCA 2002)
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Representation of insurer in class action challenging the adjustment of claims for a general contractor's overhead and profit under homeowners' policies. Graham v. State Farm Fire and Casualty Co., 813 So. 2d 273 (Fla. 5th DCA 2002)
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Representation of auto insurer in class action challenging policy cancellation practices. Hernandez v. State Farm Fire and Casualty Co., 762 So. 2d 551 (Fla. 3d DCA 2000)
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Chambers USA 2006-2010, Ranked in Florida for Insurance
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The Best Lawyers in America 2006-2011, Listed in Florida for Insurance Law
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Super Lawyers Magazine 2006-2008, Listed in Florida for Class Action/Mass Torts, Civil Litigation Defense, Insurance Coverage
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Martindale-Hubbell, AV Rated
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American Bar Association, Regional Coordinating Editor, "ABA Survey of State Class Action Laws," 2001-2009
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Defense Research Institute, Author, "Florida Supreme Court Addresses the Issue of Automobile Diminished Value Coverage," 2002
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Industrywide Liability News, Defense Research Institute, Author, "Still Breathing: Class Action Settlements after Ortiz v. Fibreboard, Corp.," Fall 1999
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American Bar Association, Section of Litigation, Class Action & Derivative Suits, Author, "From A Defense Standpoint: The Florida Supreme Court's Decision To Permit Aggregration of Claims," April 1995
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37 Emory Law Journal 171, Author, "Comment, Summary Judgment: The Majority View Undergoes A Complete Reversal In The 1986 Supreme Court," 1988
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U.S. Court of Appeals, Eleventh Circuit
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U.S. Court of Appeals, First Circuit
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U.S. District Court, District of Massachusetts
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U.S. District Court, Middle District of Florida
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U.S. District Court, Southern District of Florida
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Dade County Bar Association, Member
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American Bar Association, Member
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Defense Research Institute, Member
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Florida Association of Women Lawyers, Member
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Florida Defense Lawyers Association, Member
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The Florida Insurance Council, Member
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News
Publications
J.D., Emory University School of Law, 1988; Order of the Coif; Emory Law Journal, Member of the Board
B.S., Cornell University, 1985
Florida
Massachusetts