A Professional Service Corporation since 2000
A Professional Service Corporation since 2000
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For over 25 years, Eric G. Belsky, a founding partner and shareholder of the firm, has handled litigation and appeals involving first-party and third-party coverage disputes, state and federal declaratory judgment actions, statutory and common law bad faith actions, and liability defense matters on behalf of privately held insurance carriers, public corporations, third-party administrators, policyholders and self-insureds.
Mr. Belsky is rated “AV Preeminent” by Martindale-Hubbell as peer-rated for the highest level of professional excellence. The firm has long been recognized among A.M Best’s Recommended Insurance Attorneys.
Born in Atlanta, Georgia, Mr. Belsky earned a Bachelor of Science degree from Nova University (1990) and a Juris Doctorate (Cum Laude) from the University of Miami School of Law (1993).
Mr. Belsky is admitted to practice before the Florida Bar (1993), the U.S. District Courts for the Southern, Middle and Northern Districts of Florida (1994-1995), the U.S. Circuit Court of Appeals for the Eleventh Circuit (1995), and the U. S. Supreme Court (1999).
In both the trial courts and appellate proceedings, Mr. Belsky has represented clients in a number of landmark insurance coverage decisions and civil liability actions, including Montalvo v. Dept. of Environmental Regulation, 667 So.2d 816 (Fla. 4th DCA 1995) (regarding CGL coverage for environmental clean-up costs), Lassiter Construction Co. v. American States Ins. Co., 699 So.2d 768 (Fla. 4th DCA 1997) (regarding commercial general liability coverage for construction defects and damages), and Boulton Agency v. Phoenix Worldwide Industries, 698 So.2d 1248 (Fla. 3rd DCA 1997) (regarding insurers' vicarious liability for errors and omissions of producing agents). A sampling of other notable decisions involving coverage and liability related matters handled by Mr. Belsky follow below.
Provident Life & Accident Insurance Co. v. Lewis, 709 So.2d 587 (Fla. 4th DCA 1998) (establishing method of calculation of subrogated insurer’s pro rata share of reimbursement of underlying settlement).
Beacon Glass Co., Inc. v. Old Dominion Insurance Co., 30 So.3d 507 (Fla. 4th DCA 2010) (per curiam) (affirming declaratory judgment of no duty to defend or indemnify against claims arising out of construction defects excluded by pollution exclusion).
City of Pompano Beach v. T.H.E. Insurance Co., 709 So.2d 603 (Fla. 4th DCA 1998) (affirming, in part, declaratory judgment upholding manuscript “Shooter’s Exclusion” endorsement in policy issued to fireworks vendor).
General Star Indemnity Co. v. Boran Craig Barber Engel Construction Co., 895 So.2d 1136 (Fla. 2nd DCA 2005) (granting certiorari and quashing order denying insurer’s motion to sever direct action by contractor pursuant to Florida Non-Joinder Statute).
Lopez v. The Canteen Corp., 815 So.2d 685 (Fla. 3rd DCA 2002) (affirming summary judgment for insured in action alleging faulty electrical work).
Stephens v. Auto-Owners Insurance Co., Inc., 906 So.2d 322 (Fla. 4th DCA 2005) (affirming final judgment for uninsured motorist insurer following exclusion of claimant’s expert witnesses).
Eagle American Insurance Co. v. Nichols, 814 So.2d 1083 (Fla. 4th DCA 2002) (affirming declaratory judgment finding “per claim” policy limits, not “aggregate” limits, applied to legal malpractice action alleging failure to join multiple defendants in underlying medical malpractice action).
Grabois v. Ultracare Ultrasound, Inc., 782 So.2d 966 (Fla. 3rd DCA 2001) (reversing dismissal of insured’s cross-claims for contribution and indemnity in underlying action).
Glucksman v. Persol North America, Inc., 813 So.2d 122 (Fla. 4th DCA 2002) (reversing final judgment against insured in legal malpractice action and remanding for entry of final defense judgment as matter of law).
Leatherwood v. Cardservice International, Inc., 929 So.2d 616 (Fla. 4th DCA 2006) (affirming dismissal of action for lack of venue pursuant to internet “Click Agreement”).
Timco v. City of Coral Gables, 744 So.2d 1214 (Fla. 3rd DCA 1999) (affirming summary judgment for insured based upon lack of legal duty to warn of open and obvious dangers).
Lassiter Construction Co. v. American States Ins. Co., 699 So.2d 768 (Fla. 4th DCA 1997) (regarding commercial general liability coverage for construction defects and damages), disapproved, U.S. Fire Ins. Co. v. J.S.U.B., Inc., 979 So. 2d 871 (Fla. 2007)
Paston v. Wiggs Contracting Co., Ltd., Inc., 698 So.2d 933 (Fla. 4th DCA 1997) (affirming final judgment for insured defendants in action alleging construction defects).
Ochlockonee Banks Restaurant v. Colvin, 700 So.2d 1229 (Fla. 1st DCA 1997) (vacating final judgment for plaintiff and granting defendant’s motion for new trial based upon improper “compromise” jury verdict).
Horvath v. Anderson, Moss, Parks & Sherouse, P.A., 728 So.2d 315 (Fla. 3rd DCA 1999) (affirming directed verdict for defendants over objections arising out of alleged juror coercion).
Bucci v. Auto Builders South Florida, Inc., 690 So.2d 1387 (Fla. 4th DCA 1997), rev., 709 So.2d 1381 (Fla. 1998) (holding jury verdict awarding past and future medical expenses with no award of intangible non-economic damages is not “inadequate verdict” as a matter of law).
Avis Rent a Car v. Monroe County, 660 So.2d 413 (Fla. 3rd 1995) (regarding interpretation and application of non-exclusivity provisions in rental car company’s airport concession agreement).
Mendez v. Blanco, 665 So.2d 1149 (Fla. 3rd DCA 1996) (affirming dismissal of lawsuit as sanction for claimant’s misrepresentations under oath during discovery).
Cecil v. D’Marlin, 680 So.2d 1138 (Fla. 3rd DCA 1996) (affirming summary judgment for insured bus company regarding injuries sustained by claimant while disembarking).
Banegas v. Reco Realty, 700 So.2d 448 (Fla. 3rd DCA 1997) (affirming final summary judgment for insured property-owner in premises liability action arising out of leased property).
Barnett Bank v. Baldwin & Assoc. Landscape Architects, 633 So.2d 125 (Fla. 3rd 1994) (affirming directed verdict for insured in catastrophic auto loss).
Alhussain v. Sylvia, 712 So.2d 806 (Fla. 4th DCA 1998) (quashing service of process for lack of personal jurisdiction over non-resident Florida defendant).
Allstate Ins. Co. v. Occidental Internat’l, 140 F.3d 1 (1st Cir. 1998) (Puerto Rico) (regarding conflict and choice-of-law principles in insurance coverage actions and affirming insurer’s denial of claim on late notice defense).