‘Insurance Coverage Law’ certification area is on the Board of Governors’ Tampa agenda

The Florida Bar Board Certification Program features 27 practice areas, making it one of the most robust in the nation

When the Board of Governors meets September 19 in Tampa, it will consider a raft of proposed rule and bylaw changes as well as a Real Property, Probate and Trust Law Section proposal to create a new “Insurance Coverage Law” board certification program.

Tampa insurance lawyer Debbie Crockett chaired a RPPTL special committee that submitted the proposal last year after back-to-back hurricanes devastated a wide swath of the state, from Tampa Bay to Volusia County.

Sponsors say the designation would make it easier for consumers to find experienced lawyers to help them navigate the claims process after Florida’s frequent storms. Endorsements by the Florida Justice Association’s Property Insurance Section, the Florida Defense Lawyers Association, and the consumer advocacy group, United Policy Holders, proves it has broad-based appeal, the sponsors note.

Crockett’s panel spent months surveying Bar divisions, sections, and committees, and gathering signatures from more than 258 attorneys who pledged to pursue certification if the proposal is approved.

In July, President Rosalyn Sia Baker-Barnes, a board-certified civil trial lawyer from West Palm Beach, endorsed the proposal, noting that the National Bar Association’s “Insurance Law Section” has become highly popular.

The Florida Bar Board Certification Program features 27 practice areas, making it one of the most robust in the nation.

Third District Court of Appeal Judge Kansas Gooden, the BLSE chair, presented the proposal to the Program Evaluation Committee earlier this year.

“In Florida, we have always been the leader in board certification across the nation,” Gooden said. “In this area, we are not.”

Sponsors found only two comparable insurance coverage law certification programs, in Texas, where there are 65 board-certified attorneys, and Ohio, where there appear to be 22.

“Insurance Coverage is a specialized and highly nuanced area of law, which goes beyond the existing certification areas,” sponsors noted in a submission to the board. “Specifically, Insurance Coverage includes personal liability, professional liability, directors & officers coverage, first party property, builder’s risk, cyber liability, errors & omissions coverage, and insurance bad faith/extra-contractual litigation.”

Should the Board of Governors approve the proposal, it will be forwarded to the Supreme Court for a final determination.

In other business, the Board of Governors will consider proposed amendments to Bylaw 2-8.1 (Establishment and Appointment of Committees).

The Rules Committee proposal would require Florida Bar presidents to remove committee members who miss more than half of committee meetings in a single year without good cause.

Sponsors say unexcused absences have raised quorum issues for some Bar committees. The revision would make it easier to remove non-participating committee members, and to free up space for people who are eager to serve, sponsors say.