Akerman Logo

Marcy Levine Aldrich

Partner 
Chair, Class Action Defense Litigation Practice
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
 
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 200 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: compliance with statutory notice requirements, insurers' specification of non-original equipment manufacturer 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 also has experience in handling other complex commercial disputes, including class action disputes involving securities, warranty issues, products liability, RICO, and contract matters.

Marcy has served as a Regional Coordinating Editor of the annual ABA Survey of State Class Action Laws for several years.
 
Representative Experience
-
Representation of insurer in class action challenging the no-fault payment provisions of an automobile insurance policy. John S. Virga, D.C. v. Progressive Am. Ins. Co., 2016 WL 3866364 (S.D. Fla. 2016).
 
-
Representation of insurer in class action challenging insurer's application of the emergency medical condition provision of the Florida No-Fault Statute. Enivert v. Progressive Select Ins. Co., 62 F. Supp.3d 1352 (S.D. Fla. 2014), aff'd, Robbins v. Garrison Prop. and Cas. Ins. Co., 809 F. 3d 583, 587-588 (11th Cir. 2015)
 
-
Representation of insurer in class action challenging the constitutionality of certain provisions of the amended 2012 Florida No-Fault auto insurance statute. Accumed Chiro. & Wellness Ctr., Inc. v. Progressive Select Ins. Co., 22 Fla. L. Weekly Supp. 349a (Fla. 11th Jud'l Cir. 2014)
 
-
Representation of auto insurer in appeal regarding the discovery provisions of Fla. Stat. Section 627.736(6)(b). Millennium Diagnostic Imaging Center, Inc. v. State Farm Mutual Auto. Ins. Co., 129 So. 3d 1086 (Fla. 3d DCA 2013)
 
-
Representation of auto insurer in class action challenging premiums during the Florida No-Fault Statute's Gap Period. Lepore v. State Farm Mutual Auto. Ins. Co., 104 So. 3d 1106 (Fla. 4th DCA 2012) (per curiam)
 
-
Representation of insurer in class action challenging use of Florida No-Fault ("PIP") fee schedule. MRI Associates of St. Pete., Inc. v. State Farm Mutual Auto Ins. Co., 755 F. Supp.2d 1205 (M.D. Fla. 2010)
 
-
Representation of insurer in class action challenging adjustment of claims for a general contractor's overhead and profit in connection with hurricane claims. Mills v. Foremost Ins. Co., 269 F.R.D. 663 (M.D. Fla. 2010)
 
-
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)
 
-
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)
 
-
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)
 
-
Representation of auto insurers in class action challenging sales practices. Integon Corp. v. Gordon, 953 So. 2d 725 (Fla. 1st DCA 2007)
 
-
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)
 
-
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)
 
-
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)
 
-
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)
 
-
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)
 
Awards & Recognition
-
The Best Lawyers in America 2006-2018, Listed in Florida for Insurance Law
 
-
Chambers USA 2006-2017, Ranked in Florida for Insurance
 
-
Super Lawyers Magazine 2006-2008, 2012-2017, Listed in Florida for Class Action/Mass Torts
 
-
Daily Business Review 2015, Most Effective Lawyer Finalist for Class Action
 
-
Super Lawyers Magazine 2014, Listed in Florida as a "Top 50 Women Lawyer"
 
-
Martindale-Hubbell, AV Rated
 
Published Works & Lectures
-
American Bar Association, Regional Coordinating Editor, "ABA Survey of State Class Action Laws," 2001-2016
 
-
Defense Research Institute, Author, "Florida Supreme Court Addresses the Issue of Automobile Diminished Value Coverage," 2002
 
Professional Memberships & Activities
-
Dade County Bar Association, Member
 
-
American Bar Association, Member
 
-
Defense Research Institute, Member
 
-
Florida Defense Lawyers Association, Member
 

Associated News, Events and Publications
News


Marcy Levine  Aldrich

Practice
Litigation
Education
J.D., Emory University School of Law, 1988; Order of the Coif; Emory Law Journal, Member of the Board
B.S., Cornell University, 1985
Bar Admissions
Florida
Massachusetts
 
 
Home | Contact Us | Terms & Privacy Policy | Disclaimer | Follow Akerman on Twitter   Connect with Akerman on LinkedIn
©2017 Akerman LLP, Akerman (Nevada) LLP. Attorney Advertising.