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Michael A. Packer

Office Managing Attorney

Co-Chair, Insurance Services Practice Group

Portrait of Michael A. Packer

Michael is the firm's supervising attorney for the Insurance Services Practice Group in the state of Florida and a member of the firm's Board of Directors. The group assists insurers in all aspects of a coverage dispute, including responses to civil remedy notices of insurer violations, pre-suit investigations and coverage evaluations, declaratory judgment and bad faith litigation. In particular, Michael defends property insurers throughout Florida in first party coverage matters, where he responds to claims for sinkhole, windstorm, fire, mold, theft, and water losses. Michael's group also conducts examinations under oath and SIU investigations.

In both the state and federal courts, Michael has participated in a number of bench and jury trials through verdict, all of which resulted in either a defense verdict or a verdict which was less than the amount demanded.

In addition, Michael is often asked to serve as coverage and bad faith counsel in third party actions, including monitoring the defense of litigation, as well as trial. As part of this role, Michael is often asked to draft reservation of rights, declinations and prosecute declaratory relief actions.

Michael has substantial experience in alternative dispute resolution, having represented clients in thousands of mediations, neutral evaluations and arbitration proceedings. Michael routinely advises clients on the evaluation and resolution of multi-claimant matters, often times where the injuries and damages exceed the available policy limits.

Over the past ten years, Michael and his group have defended in excess of three hundred sinkhole lawsuits, as well as hundreds of other first party lawsuits. The group has defended a number of cases through trial and appeal, including four sinkhole trials during recent years. In addition, the group represents more than ten statewide insurance carriers in first party property damage lawsuits, including many of the largest insurance carriers in Florida.

Michael routinely speaks at regional and nationwide industry conferences, specifically addressing coverage issues under first party property and third party liability policies. He has also presented a number of seminars on auto negligence, uninsured motorist and bad faith claims. Michael frequently travels around the country to provide in-house claims seminars with claims professionals. In addition, he has lectured on defending first party property damage claims including sinkhole and mold claims, which included review and analysis of claims handling procedures, as well as recommendations for the same. Michael has also written numerous articles for industry publications addressing Florida-specific claim handling issues and insurance companies’ rights and obligations in defending first and third party coverage actions.

In 1994 Michael earned his Bachelor of Arts from the State University of New York at Albany. Subsequently, Michael obtained his juris doctor in 1997 from the University of Miami School of Law, Coral Gables, Florida, where he graduated cum laude.

Michael is married to Nicole Packer and they live with their three children in Weston, Florida.

    • University of Miami School of Law (J.D., cum laude, 1997)
    • State University of New York at Albany (B.A., 1994)
    • Florida, 1997
    • U.S. District Court Southern District of Florida, 1997
    • U.S. District Court Middle District of Florida, 2006
    • U.S. District Court Northern District of Florida, 2007
    • Florida Trend Legal Elite, NOTABLE Managing Partner (2025)
    • AV® Preeminent™ by Martindale-Hubbell®
    • South Florida Legal Guide - Top Lawyers in Insurance Litigation Defense (2016, 2017, 2019, 2020, 2021)
    • South Florida Legal Guide – Top Lawyers in Insurance Litigation (2014)
    • South Florida Legal Guide - Top Lawyers (2013 )
    • Florida Trend's Legal Elite - Top Up and Comer (2012)
    • American Bar Association
    • Defense Research Institute, 2013
    • Florida WIND, 2012, 2013
    • The Florida Bar
    • Examinations Under Oath - What Claims Professionals Need to Know to Conduct an Effective EUO, ALM/PropertyCasualty360 Complex Claims Conference, February 26, 2024
    • Investigating a Claim Under a Reservation of Rights - Strategies for Managing Claims that May Not be Covered, Florida Defense Lawyers Association’s Florida Liability Claims Conference, Lake Buena Vista, FL, June 16, 2022 
    • What You Need to Know After you Go – Parts 1 and 2, CLM Claims College School of Property - Level 1 – Coverage, Virtual, 2021
    • Current Issues and Case Law Affecting the Property Claims Arena, CLM Claims College School of Property - Level 3, Virtual, 2021
    • Covid 19: To Be Property Damage or Not to Be Property Damage, CLM, January 2021 
    • Insurance Coverage and Bad-Faith Insurance Issues Under Florida Law, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014
    • Protecting Your Clients' Interest During Settlement, WIND Conference, 2013
    • American Conference Institute Bad Faith Litigation Conference (co-chairperson and lecturer) 2012
    • American Conference Institute Bad Faith Litigation Conference (lecturer) 2011

Results

Thought Leadership

Defense Digest

On the Pulse… Profile of the Insurance Services – Coverage and Bad Faith Litigation Practice Group

June 30, 2026

The Insurance Services – Coverage and Bad Faith Litigation Practice Group delivers comprehensive, end-to-end litigation and advisory services to national and global insurance carriers. While the group is deeply experienced in coverage and bad faith litigation, its capabilities extend well beyond traditional legal defense. Through its broader Insurance Services practice, the firm has built a dynamic suite of innovative, client-focused solutions tailored to the evolving needs of insurers operating in complex and high-risk environments. With attorneys present in jurisdictions spanning from Florida to New York, the practice group approaches each matter with a strategic, solutions-oriented mindset. Its attorneys focus not only on resolving disputes, but on proactively managing risk by developing creative strategies to control exposure, avoid litigation where possible, and transfer risk effectively. In doing so, the group remains mindful of the broader business implications for its clients, including the protection of brand integrity and competitive positioning within the insurance industry. The group’s experience encompasses the full spectrum of insurance products, including commercial, personal property, and casualty policies, professional liability coverage, health and life insurance, and workers’ compensation policies. This breadth allows the team to provide nuanced, industry-specific counsel across a wide array of coverage issues and claims scenarios. Leadership within the practice group reflects both geographic reach and subject-matter depth. Todd Leon, who has offices in Philadelphia and Mount Laurel, serves as the Northeast head, with Allison Krupp of the Camp Hill office serving as vice-chair. Michael Packer, based in Fort Lauderdale, oversees operations in the Southeast, with Danielle Robinson, also of Fort Lauderdale, as the vice chair. Together, they guide a team of approximately 20 attorneys who provide consistent, coordinated legal services across jurisdictions. The Southeast team, in particular, brings a sophisticated understanding of the unique legal and regulatory challenges associated with Florida’s insurance landscape. Across all offices, attorneys are supported by a strong network of associates, paralegals, and professional staff, enabling the group to efficiently manage even the most complex coverage disputes, including first-party property and automobile litigation. The group also benefits from the leadership and insights of Jim Cole, the former group chair, who is now the Director of the firm’s Professional Liability Department. The practice group has a proven track record of successfully representing insurers in both state and federal courts in first-party and bad faith litigation and in providing opinions on coverage issues in jurisdictions around the country. Its attorneys are well-versed in the intricacies of institutional discovery, including corporate designee, apex, and employee depositions, as well as the litigation tactics often employed by plaintiffs to drive settlement pressure. By offering strategic guidance at every stage – both pre-litigation and during active disputes – the group helps clients evaluate coverage positions, mitigate risk, and make informed decisions about resolution or trial. When litigation is unavoidable, the firm’s seasoned trial attorneys are prepared to vigorously defend even the most complex and high-exposure matters. Beyond litigation, the group offers a wide array of services designed to support insurers’ operational and strategic objectives. These include coverage consultation, coordinating counsel services, catastrophe (CAT) operation coverage strategies, and specialized support for first-party property and automobile claims. The team also provides SIU and fraud-related investigation and litigation services, indemnification and risk transfer strategies, and comprehensive bad faith evaluation and defense. Additional offerings include policy language review, representation before administrative and insurance departments, claims practices consultation, and institutional discovery support. The group also works closely with clients to develop best practices, internal guidelines, and customized training and educational programs tailored to the full range of insurance products. With 19 offices across Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, and an active presence in neighboring jurisdictions such as Maryland, West Virginia, and Kentucky, the Insurance Services Practice Group is positioned to provide seamless, regional, and national support. Its integrated approach ensures that clients receive not only skilled legal representation but also practical, forward-looking guidance designed to meet the demands of today’s insurance landscape.

Legal Updates for Florida Coverage and Property Litigation

Fourth DCA Rules a Notice of Intent to Litigate is “Suit-Specific” and a Notice must be Filed Prior to All Lawsuits Filed on a Single Claim

June 11, 2026

Moreno v. People’s Trust Insurance Company, (May 13, 2026) This case involved a property damage claim in which the homeowner argued she was not fully indemnified. She provided the insurer with a notice of intent to litigate prior to filing suit. The lawsuit was filed, but later voluntarily dismissed. The homeowner then filed an identical lawsuit, but did not provide a second pre-suit notice before doing so. The insurer moved to dismiss the lawsuit, arguing it was entitled to a second pre-suit notice of intent to litigate, because notice is “suit-specific,” not “claim-specific.” The trial court granted the motion and dismissed the case without prejudice.  On appeal, the homeowner argued the statute’s reference to “a notice” for a “suit” is “claim-specific” not “suit-specific.” The Fourth DCA found that the requirement for pre-suit notice was in fact “suit-specific” and affirmed the trial court’s dismissal of the case. The Fourth DCA reasoned that §627.70152(3) requires a pre-suit settlement demand that itemizes damages and attorneys’ fees and costs, not a simple notice of a claim. The Fourth DCA further reasoned that the settlement demand provided before the second suit would also include damages incurred after the first lawsuit was filed. Thus, the court reasoned, adopting the homeowner’s “claim-specific” argument would frustrate the core purpose of the statute, which is to allow the insurer to evaluate an updated settlement demand. 

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.