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Nina S. Whiston

Of Counsel 
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
 
Tel:
305.982.5633
Fax:
305.374.5095
 
 

Nina S. Whiston has represented and counseled national and international insurance carriers in complex insurance coverage and bad faith matters in Florida for over 28 years. She represents insurance carriers in coverage matters arising from CGL, other business-related coverages, property, excess and auto policies, including coverage for construction accidents, construction defects, industrial explosions, environmental damage, defective products, mold, property damage, business auto, auto and class action claims. Oftentimes the issues involve the insurer's duty to defend and indemnify, limits of liability, allocation of covered and uncovered damages, deductibles, and other issues that typically arise when insurers provide insurance for businesses that may sustain high exposure losses. Nina also defends first and third party bad faith cases. The issues litigated often involve judgments in excess of policy limits, how to best position an insurer to avoid bad faith when there are multiple claimants, inadequate limits of liability, catastrophic injuries, inaccurate coverage determinations, delay, and other allegations of improper claims handling.
 
Representative Experience
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Represented insurer who issued multiple consecutive primary policies in a coverage dispute with a manufacturer of allegedly defective products used in the construction of condominium buildings located along the Gulf coast. The issues involved identifying the occurrence, identifying the number of occurrences, allocation of damages between covered and uncovered claims, and how a high per occurrence deductible affected coverage.
 
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Advised second layer excess property insurer regarding a catastrophic property and business interruption claim arising from a fire at a resort in Key Largo, Florida.
 
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Represented Norwegian insurer in insurance coverage claim under a protection and indemnity policy issued to ship owners. The issue litigated between the ship owners and the insurer were whether claims for coverage could be raised in the United States or whether the claims could only be resolved by arbitration in Norway. The issue between the insurer and the injured party was whether the arbitration clause could be circumvented by allowing the injured party to raise claims directly against the insurer in the tort litigation pending against the ship owners.
 
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Advised insurer regarding coverage for and claims handling of multiple underlying wrongful death claims arising from an auto accident involving farmworkers who were being transported in a van that may have been rendered unsafe by alterations to the van by the policyholder.
 
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Represented reinsurer in an arbitration proceeding where the reinsurer refused to reimburse ceding insurer for sums it paid to settle an underlying claim. According to the reinsurer, the sums should not have been paid because the events for which the sums were paid were not covered by the underlying insurance policy.
 
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Advised insurer as to coverage for EIFS manufacturer. The issues involved trigger of coverage and limits of liability.
 
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Represented primary insurer in excess vs. primary bad faith litigation. The issues involved whether additional insured status should be afforded to another potentially liable party under an additional insured endorsement, the meaning and effect of contractual indemnity provisions, order of coverage, and whether a professional services exclusion applied. Layered on top of the coverage issues was the allegation that by not unconditionally tendering policy limits to the excess carrier, the primary carrier committed insurer bad faith.
 
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Represented insurer who provided specialized coverage to a car dealership for errors and omissions involving the sale of automobiles. The issues involved insurance coverage for the underlying class action litigation, limits of liability, and whether the insurer committed insurer bad faith.
 
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Represented insurer who was sued for negligence, breach of contract and bad faith, all in an attempt to obtain insurance coverage for an accident resulting in bodily injury that did not take place within policy period.
 
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Represented insurer in an appellate proceeding to preclude a trial court from exercising jurisdiction over the insurance company during the pendency of the underlying tort case.
 
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Advised auto insurer who issues low limits policies regarding best practices to avoid bad faith.
 
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Advised insurer regarding bad faith exposure in multiple injured party case with limited policy limits.
 
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Advised insurer regarding bad faith exposure for allegedly failing to provide a "mirror image" response to a policy limits demand for settlement.
 
Awards & Recognition
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The Best Lawyers in America 2006-2018, Listed in Florida for Insurance Law
 
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Super Lawyers Magazine 2007, 2012-2015, Listed in Florida for Insurance Coverage
 
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Martindale-Hubbell, AV Rated
 
Notable Client Work
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Liberty Ins. Corp. v. Milne, 98 So.3d 613 (Fla. 4th DCA 2012)
 
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Lewis v. Liberty Mut. Fire Ins. Co., 789 F.Supp.2d 1289 (S.D. Fla. 2011), aff'd, 450 Fed.Appx. 806 (11th Cir. 2011)
 
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Shin Crest PTE, Ltd. v. AIU Ins. Co., 605 F.Supp.2d 1234 (M.D. Fla. 2009), aff'd, 368 Fed.Appx. 14 (11th Cir. 2010)
 
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Ferris v. South Florida Stadium Corp., 926 So. 2d 399 (Fla. 3rd DCA 2006)
 
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Padilla v. Liberty Mutual Ins. Co., 934 So. 2d 511 (Fla. 3rd DCA 2005)
 
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Montford v. Moreno, 2005 WL 1369563 (11th Cir. 2005)
 
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Miami-Dade County v. Aviation Office of America, 901 So. 2d 934 (Fla. 3rd DCA 2005)
 
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Assuranceforeningen Skuld (Gjensidig) v. Apollo Ship Chandlers, Inc., 847 So. 2d 991 (Fla. 3rd DCA 2003)
 
Professional Memberships & Activities
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American Bar Association, Tort Trial & Insurance Practice Section, Member
 
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Defense Research Institute, Member
 
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Association of Defense Trial Attorneys, Member
 
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The Florida Bar, Trial Lawyers Section, Member
 
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ARIAS-U.S., Member
 



Nina S. Whiston

Practice
Litigation
Education
J.D., American University Washington College of Law; 1982
B.A., Binghamton University; Geology
Bar Admissions
District of Columbia
Florida
Washington
 
 
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