Insurance Litigation and Employment Law Expert Michael Sperounes
1. LewisBrisbois.com
For almost 25 years, Michael Sperounes, a partner in our Tampa office,
has practiced in insurance litigation and represents businesses in labor and
employment related matters. His practice includes liability, employment
claims and first party property claims including complex commercial
and construction defect cases, homeowners’ claims, mold remediation,
personal injury, wrongful death and business disputes.
LEGAL EXPERIENCE
• Mr. Sperounes has significant trial experience and focuses his practice
on first and third party insurance defense; he has broad experience
advising and representing Florida’s property insurers in first-party
property disputes arising from sinkhole, windstorm, fire, mold and
water losses. He also represents and defends insurers in coverage
litigation.
• In addition to representing insurance companies in first-party actions,
his nearly twenty-five years of experience includes litigating and
defending many complex cases on behalf of business owners,
property owners, construction companies, professionals, claims of
employment discrimination, violations of the Florida’s Civil Rights Act,
and various theories of professional malpractice, auto negligence,
personal injury and wrongful death.
• Mr. Sperounes provides advisory risk management counseling and
litigation supervision for self-insured risk retention programs. He also
provides case management and insurance coverage advice to both
corporate and insurance institutions.
• Michael has vast experience with regard to insurance claims,
disputes and lawsuits concerning condominiums, homeowners’
associations, apartment to condo conversions, and co-op’s. Michael
has litigated many claims involving Homeowners’ Associations,
Condo Associations, Developers involving challenges to the governing
documents and actions taken by Board Members enforcing the same
or defending HOAs when they are sued.
PRIOR EXPERIENCE
• Mr. Sperounes’ prior legal experience includes the position of Tampa
Managing Partner at a Florida regional insurance defense firm as
well as several years working as a consultant with the United States
MICHAEL S. SPEROUNES • Partner • Tampa
Michael.Sperounes@lewisbrisbois.com • 813.739.1971
ADMISSIONS
−− Florida
−− United States District
Court - Middle District of
Florida
PRIMARY PRACTICES
−− Insurance Coverage
−− First Party Property
−− Insurance Coverage
ADDITIONAL PRACTICES
−− Construction
−− Bad Faith Litigation
−− General Liability
2. Department of Justice investigating and combatting liability and No-Fault fraud.
• Mr. Sperounes has been involved with many high profile property loss cases and legal decisions.
• Mr. Sperounes received his Juris Doctor from Stetson University College of Law, Florida, in 1989 and
Bachelor of Arts from University of South Florida, Tampa, Florida, with a major in Political Science. While in
law school, he managed Night Operations, MIS for Smiths Industries, a military avionics contractor for the
Department of Defense and he interned with the National Labor Relations Board.
ASSOCIATIONS
• American Bar Association’s Tort Trial and Insurance Section
• Claims and Litigation Management Alliance Organization
REPRESENTATIVE CASES
Representative claims/cases include:
• The Wright Way Emergency Water Removal, LLC a/a/o David Cleland v Modern USA Insurance Company.
Manatee County, Florida 2014. Dismissal with Prejudice. Judge held that the policy of insurance forbade
assignment of a right to payment that had not accrued and the Plaintiff had no standing to bring the action.
• Integrated Trades Corporation a/a/o Wilfred Couture v. Modern USA Insurance Company. Polk County, Florida
2014. Final Summary Judgment. Judge held that although Florida law permits the assignment of accrued
benefits which have become due under an insurance policy, Modern USA Insurance Company’s policy and
Florida law prevent the insured from assigning unaccrued benefits. Accordingly the assignment is invalid as a
matter of law and plaintiff had no standing to maintain the lawsuit.
• Bio-Science West,Inc. v. Gulfstream Property & Casualty Ins. Co. Polk County, FL 2014. Final Summary
Judgment. Circuit Court Water restoration/mitigation assignment of insurance benefits by homeowner is
invalid as a matter of law to provide vendor the right to sue homeowner insurer for payment because the
assignment occurred prior to the claim having been adjusted and any accrued benefit having become due.
“In this case the assignment improperly purports to transfer the right or privilege to adjust the claim to
Plaintiff. Consequently, Plaintiff lacks standing to bring this lawsuit.”
• United Water Restoration Group, Inc, a/a/o Donald Knight v. Homeowners Choice Property & Casualty
Insurance Company Pinellas County, FL 2014. Final Summary Judgment on the issue of whether the
assignment agreement between United Water Restoration Group, Inc. and Donald Knight was enforceable
against Homeowners Choice Property & Casualty Insurance Company, Inc. Judge held that the express
terms of the insurance contract rendered the assignment unenforceable against Homeowners Choice
Property & Casualty Insurance Company, Inc. absent a waiver of the policy provisions by the insurer.
• Emergency Services 24, Inc .a/a/o Theresa Devlin v. Florida Peninsula Insurance Company. Pinellas County,
FL 2013. Final Dismissal with Prejudice. In granting the dismissal with prejudice, the Court stated that it was
Emergency Services 24’s business decision to initiate work under an “assignment of benefits” from the
policyholder and to file suit directly against Florida Peninsula Insurance Company for payment contrary to the
express language of the policy and Florida law which prohibits Emergency Services 24, Inc. from acquiring by
assignment the right to sue Florida Peninsula Insurance Company for breach of the insuring contract.
• Elzbieta & Ireck Juraszek v. Citizens Property Insurance Corp. Pasco County, FL 2013. Order Denying
Plaintiffs’ Motion to Compel Defendant to Answer Deposition Questions and for Actions Obstructing
3. Discovery. Plaintiffs attempted to elicit testimony from Defendant’s trial expert geologist at deposition as to
his participation in, if any, mock trials and trial training that Plaintiffs alleged were conducted by Citizens as
well as the names of individuals who may have been present and the topics of discussion if any. Citizens’
counsel instructed the deponent not to answer and asserted privileged work product communication as a
bar. Judge agreed that such inquiry was protected by the opinion work product doctrine and denied Plaintiffs’
Motion to Compel.
• Farrel Bernstein and Marie Angerame v. Citizens Property Insurance Corp. Pasco County, FL 2013. Order
bifurcating/dividing confirmed sinkhole breach of contract jury trial into, first, a trial as to appropriate method
of repair and pricing without including any aspect of: breach of contract; the claims process; or above-ground
cosmetic repairs. Additionally, the Order provided that once a jury determined the proper method of land and
building stabilization and foundation repair, along with pricing, Citizens would have no obligation to pay to
stabilize the land and building and repair the foundation unless and until Plaintiffs enter into a contract for the
repairs in accordance with the jury’s findings, pursuant to the insurance policy and Florida Statutes.
• Dunedin Restoration Services Inc. aao Jon Harmon v Universal Property and Casualty Ins. Co. Pinellas
County, FL 2013. Final Summary Judgment for UPCIC. PCA Affirmed 2014. The assignment which formed
basis of the Complaint was an invalid partial assignment and, therefore, invalid to provide standing to the
water restoration vendor to sue for breach of the homeowner’s insurance contract
• Jeanne-Marie Sharp v. Cigar City Motors Inc dba Brandon Harley-Davidson Shop. Hillsborough County, FL
2012. Voluntary Dismissal following Defendant’s Motion for Summary Judgment asserting assumption of risk
and validity of exculpation clause defenses.
• Universal Property & Casualty Ins. Co. v Bianco and Barnes Escambia County, FL 2012. Final Declaratory
Judgment upholding animal liability exclusion.
• Lanci Ltd. v. Young Pest Control. Polk County, FL 2010. Defense Jury Verdict – $1.2 million damages claim
pursued as a result of water loss from broken pipe allegedly caused by improper pest control appliance
installation.
• Cynthia Johnson v GEICO. Polk County, FL 2009. Final Summary Judgment, PCA Affirmed 2DCA (slip and fall
in parking lot – open and obvious doctrine; and, impermissible stacking of inferences – no liability)
• Trinia Mitchell v. Herbert Menendez Hillsborough County, FL 2008. Defense Jury Verdict – automobile
negligence asserting: permanent injury; past and future medical expenses; lost wages; future loss of earning
capacity; and, pain and suffering.
SPEAKING ENGAGEMENTS & PRESENTATIONS
• “Death by 1,000 Cuts: Florida Litigation Trends and Solutions.” HSG Code Blue Innovation Summit, 2015.
• “Assignment of Benefits in First Party Claims - A Survey of Florida Law.” West Coast Claims Association,
2014. (Florida CEU Approved)
• “Best Practices for Liability Claims with Coverage Issues.” Annual Claims Management Seminar, Westshore
Hilton, 2012 (Florida CEU Approved)
• “Wam, Bam, Injection Plan! Compulsory Medical Examinations/Physiatrist Experts in Motor Vehicle Accident
Litigation.” Annual Claims Management Seminar, Panel Presentation, Broward County Convention Center. FL
2011 (Florida CEU Approved)
• “Land of the Lost: Tips on How to Avoid Being a Dinosaur in the Modern World of Premises Liability.” Annual
Claims Management Seminar, Panel Presentation, Broward County Convention Center. FL 2010 (Florida CEU
Approved)
4. • “Transitory Foreign Substances.” Annual Claims Management Seminar, Panel Presentation, Orange County
Convention Center. FL 2010 (Florida CEU Approved)
• “Workers Compensation Immunity in Liability Claims.” Panel Presentation, Montgomery Insurance, a Liberty
Mutual Company, Charlotte, NC 2010 (Florida CEU Approved)
• “Truth or Consequences – The Purpose of Discovery and Surveillance in Attacking Fraudulent Claims. “
Annual Claims Management Seminar, Panel Presentation, Broward County Convention Center. 2008. (Florida
CEU Approved)
EDUCATION
• Stetson University College of Law, Gulfport, FL, Juris Doctor, December 1989
• University of South Florida, Tampa, FL, Bachelor of Arts, December 1985
• Occidental College, Los Angeles, CA, Political Science