The law firm of Zinober, Diana & Monteverde, P.A. focuses on providing complete litigation defense to insurance carriers and their insureds including disputes related to first and third-party property, bodily injury and casualty claims. Our attorneys have the experience and knowledge to advise and defend clients from the inception of a claim through trial and any appeals that may arise. With 60+ years of experience, the attorneys of Zinober, Diana & Monteverde, P.A. understand the nuances of the insurance industry and continue to develop unique approaches to each case keeping in mind that each case is its own and requires attention to each detail. We are committed to providing our clients with an efficient and comprehensive defense, while offering protection and advice related to allegations of bad faith.
Commercial litigation covers a broad spectrum of issues involving business disputes. Often, the disputes are between individuals and businesses, and often the disputes involve controversies between businesses and other businesses. Similarly, commercial litigation involves internal business issues among shareholders, partners, and other members (managing members and others) which are in dispute, such as corporate governance, internal liability issues, shareholder distribution and derivative issues and the like. The attorneys of Zinober, Diana & Monteverde, P.A. have a long history of litigating and resolving commercial disputes which often rise to litigation. However, based upon the internal belief that businesses usually function best when businessmen (and women) resolve their disputes in a businesslike manner, with business, rather than litigated solutions, the attorneys in Zinober, Diana & Monteverde, P.A. normally prefer to make a good faith attempt to engage in either formal or informal dispute resolution techniques and solutions before resorting to litigation.
Construction and Real Estate Development Law:
This area of practice involves representing owners, developers, builders, general contractors, design professionals, insurers, as well as the myriad of subcontractors who are engaged in the development of real estate and the construction of houses and buildings. From a development perspective, we are capable of handling forensic and litigation issues that involve taking raw land, rezoning and land use regulations, density allocation, board approvals, and site planning, as well as geotechnical and geophysical issues involved in the exploration and analysis of raw land for construction. From a construction perspective, we are versed in construction issues, structural design issues, construction and design defect issues, material failure analysis, lien rights, as well as the multiple issues that are encapsulated into the construction of a building or home. Often, these issues are resolved through an alternative dispute resolution process, such as arbitration or mediation, as well as regulatory hearings or hearings before administrative and other local governmental bodies. When litigation is necessary, it can be accomplished through either non-jury trials or complex jury trials. Our firm has the experience to handle all aspects of development and construction related hearings and litigation.
An integral part of Zinober, Diana & Monteverde, P.A.’s commercial practice involves disputes relating to the employment relationship. Sometimes, this process involves resolution of claims involving discriminatory practices (primarily from the perspective of management representation). Very often, these disputes involve representation relating to employment contracts which may involve non-competition and non-solicitation provisions. This particular area of the law, which may often involve hotly contested issues governed by both contractual and statutory provisions, is a particularly dynamic aspect of the landscape which governs this legal relationship.
Insurance Coverage Counsel:
Insurance coverage counsel focuses on insurance policy interpretation, drafting, dispute resolution and coverage litigation. This includes all types of insurance policies including, for example, Commercial Lines, Errors and Omissions, Directors and Officers, Commercial Property, Professional Liability, Product Liability, Personal Lines, and Excess Umbrella Lines. We offer clients our counsel from the early stage of coverage investigation and policy interpretation, through to drafting reservation of rights and position letters, directing ongoing coverage investigations, and monitoring and providing ongoing advice on file handling issues. The goal of insurance coverage counsel is to resolve difficult insurance disputes in a timely and efficient manner for our clients.
Our team is uniquely qualified to assist our insurance carrier clients by providing consultation services and detailed analytical evaluations of specific issues. Our experience includes: Claims handling guidelines; Drafting/filing of insurance policy forms and endorsements; the Analysis of loss statistics including ratios, severity, and costs; Participation in legislative panels, meetings, and drafting boards; Evaluation and negotiation of reinsurance contracts, as well as auditing loss data; and Operational analysis of complex, litigated claims including jury trial consulting. Our attorneys who provide these services have endeavored to stay at the forefront of the market, as the dynamic nature of the insurance business in Florida continues to develop.
Products Liability representation often focuses upon the design and manufacture of individual products which can, and often do, cause injury to an end user of the product. Some of these products involve medical considerations; some involve simple engineering (design) or manufacturing considerations. Zinober, Diana & Monteverde, P.A. is well equipped to evaluate the design and manufacturing aspects of a product or device that is used by a consumer, which may eventually cause injury or death to the end user. Wrongful death, Premises Liability, and Negligent Security Litigation. Wrongful death litigation is generally controlled by statutes of the state in which the claim is brought. Most states vary insofar as what may be recoverable by the estate of an individual who is killed by alleged negligence of another. A fertile area of litigation in this respect involves injuries and death resulting from alleged deficiencies in the premises of a business or individual. This liability may arise not necessarily from the “active negligence” of the individual in control of the premises, but by virtue of the conditions on the property which allegedly cause an unreasonable risk of harm to a third party. One of the areas of premises liability that may promote a litigated circumstance is the category of negligent security. Under these circumstances, the allegation may arise that the owner or person in “control” of the property did not take reasonable measures to make sure that the danger to individuals who are invited on their property are adequate to protect those third parties, based upon the foreseeability of harm. From either the perspective of the business owner who is accused of inadequate security, or the individual (or his or her estate) who suffers injury or death based upon the lack of adequate security on a commercial premise, Zinober, Diana & Monteverde, P.A. is well equipped to navigate the intricate insurance and liability issues that accompany this genre of the law.