Cozen O’Connor: Dickenson, John D

John David Dickenson

Member

West Palm Beach

(561) 515-5260

(561) 515-5229

Recent Publication:

Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims [Avoiding Insurance Bad Faith Blog]

In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering evidence of claims of other policyholders. Unlike claims of institutional bad...

John David (J.D.) Dickenson focuses his practice in the area of insurance and reinsurance. He represents insurers and risk retention groups in complex coverage, claims handling, and bad faith litigation and also provides coverage and excess exposure opinions. He regularly counsels insurers on medical and legal professional liability, general liability, first party property matters and directors' and officers' coverage.

He regularly counsels insurers on medical and legal professional liability, general liability, first party property matters and directors' and officers' coverage. His work includes monitoring potential excess exposure issues, conducting complex coverage analysis, and handling multiple claimant issues.

J.D. practices in state and federal court and has tried cases to verdict in both venues. He also handles complex commercial litigation matters including insurance regulatory, securities, and real property related litigation.

J.D. has been selected for inclusion in the Florida Super Lawyers - Rising Stars edition numerous times.  In his free time, J.D. is an avid outdoorsman and conservationist. He is a member of the State Board of Directors of the Coastal Conservation Association Florida, founder of its South Palm Beach Chapter and Chairman of its Statewide Habitat Restoration Committee.

J.D. earned his bachelor's degree from Lafayette College and graduated cum laude from Stetson University College of Law.
 

Experience

News

Cozen O’Connor Names Six New Shareholders

September 07, 2017

Cozen O’Connor is proud to announce the promotion of six members to shareholders of the firm: David Brisco (San Diego), Michael de Leeuw (New York), John Dickenson (West Palm Beach), Jonathan Lichtenstein (Philadelphia), William Walsh (Seattle), and Ingrid Welch (Philadelphia).

Insurance Journal Covers Cozen O'Connor Florida Claims Handling Webinar Series

August 03, 2015

The Global Insurance Department presented a two-part webinar series addressing Florida claims handling issues arising out of first and third party claims and litigation in June, 2015.

Matthew Criscuolo and John David Dickenson Discuss Representing Risk Retention Groups in The Risk Retention Reporter

July 31, 2015

Matthew Criscuolo and John David Dickenson write an article in The Risk Retention Reporter titled "Leveling the Playing Field: Representing Risk Retention Groups in Coverage Disputes."

West Palm Attorneys Levine, Dickenson, Criscuolo Favorably Settle Securities Case

April 01, 2013

The Herald-Tribune reported on the settlement that saved clients significantly in this securities action brought by the Florida Attorney General and the Office of Financial Regulation.

Cozen O’Connor Grows in Florida With Six Lateral Attorneys: Firm Expands South Florida Presence, Opens Office in West Palm Beach

March 18, 2013

Six attorneys from the firm of Edwards Wildman are joining Cozen O'Connor, in practice areas that include trusts and estates/private client services, real estate, insurance coverage, reinsurance, insurance corporate and regulatory and litigation.

Publications

Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims [Avoiding Insurance Bad Faith Blog]

November 21, 2019

In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering evidence of claims of other policyholders. Unlike claims of institutional bad...

Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility [Avoiding Insurance Bad Faith Blog]

November 20, 2019

In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the pleadings—by narrowing the plaintiff’s claim, you limit the scope of relevance in...

Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility [Avoiding Insurance Bad Faith Blog]

November 19, 2019

In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the pleadings—by narrowing the plaintiff’s claim, you limit the scope of relevance in...

Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith [Avoiding Insurance Bad Faith Blog]

November 14, 2019

Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company—traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek to hold an insurer liable for its acts or omissions that directly and...

Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith [Avoiding Insurance Bad Faith Blog]

November 14, 2019

Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company—traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek to hold an insurer liable for its acts or omissions that directly and...

Florida Creates Right of Contribution Among Liability Insurers for Defense Costs [Alert]

June 19, 2019

John David Dickenson and Chad A. Pasternack discuss the Florida Legislatures new law that protects policyholders and levels the playing field for insurers that play by the rules.

Key Questions to Consider in Light of Operation Rubicon’s Investigation into Insurance Fraud in South Florida [Property Insurance Law Observer Blog]

June 13, 2019

Law enforcement in Miami-Dade County, Florida recently arrested nine individuals described by Florida Chief Financial Officer Jimmy Patronis as the “ringleaders of an elaborate fraud scheme” led by Barbara Maria Diaz de Villegas,[1] owner of the public adjusting company The Rubicon Group.[2]  The...

Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework [Property Insurance Law Observer Blog]

April 26, 2019

This week, after 7 years of failed efforts, the Florida Legislature passed a meaningful Assignment of Benefits (“AOB”) reform bill.  Florida Governor Ron DeSantis announced yesterday that he would sign the legislation designed to cut back on abusive AOBs, a practice that has plagued the...

The Florida Supreme Court Pushes Florida Bad Faith Standard Closer to Negligence in Harvey v. GEICO Decision [Avoiding Insurance Bad Faith Blog]

October 23, 2018

The Florida Supreme Court recently decided Harvey v. GEICO Gen. Ins. Co., No. SC17-85, 2018 WL 4496566, at *1 (Fla. Sept. 20, 2018), an important case setting forth what many will try to argue has lessened the standard for bad faith law in Florida to one of negligence plus. The case has a...

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy Limits? [Avoiding Insurance Bad Faith Blog]

May 05, 2017

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy limits.  The insurer, claiming that the decision is in direct contradiction...

Concurrent Cause Cases: Florida Supreme Court Decides District Split in Favor of Coverage [Global Insurance Alert]

December 06, 2016

J.D. Dickenson and Elizabeth Fata discuss the recent Florida Supreme Court decision in Sebo v, American Home Assurance Company, which favors the Third Districts reasoning and the concurrent cause doctrine in property loss cases.

Florida Property Losses – Five Things to Know for Hurricane Matthew

October 07, 2016

Hurricane Matthew is the first major hurricane to strike Florida since Hurricane Wilma in 2005. As the insurance industry prepares for Florida property loss claims due to Hurricane Matthew, we highlight five claims-handling points based on the primary Florida statutory and administrative code provisions most relevant to property insurers with respect to first-party property loss claims, as well as on Florida’s statutory framework for a first-party bad faith claim.

Florida Regulators Approve Policy Language Aimed at Limiting "Assignments of Benefits" Claim Practice [Avoiding Insurance Bad Faith Blog]

April 28, 2016

Insurance companies that write property risks in Florida are getting in line to request approval from the Office of Insurance Regulation (OIR) for two key policy revisions intended to control losses from a water damage property claim practice called “assignment of benefits.” Many insurers have...

Florida High Court - UM Insured Entitled to Liability/Damages Determination Before Filing Bad Faith Action [Avoiding Insurance Bad Faith Blog]

April 12, 2016

Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed a claim with his uninsured/underinsured (UM) insurance carrier (Insurer) for the $50,000 limits of his UM policy.  After the Insurer refused to pay the policy limits, Fridman...

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation [Avoiding Insurance Bad Faith Blog]

September 03, 2015

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise to the level of bad faith under Florida law.   The decision affirmed the...

Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense” [Avoiding Insurance Bad Faith Blog]

January 15, 2015

Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.”  The definition of “coverage defense” under the statute has been the subject of considerable litigation in...

Florida Appellate Court: “Coverage Liability” Can Be Basis for Bad Faith in Suit Involving First Party Appraisal [Avoiding Insurance Bad Faith Blog]

September 05, 2014

On Wednesday, Florida’s Fourth District Court of Appeal issued an opinion concerning the prerequisites for bringing bad faith claims in Florida.  In an en banc ruling, the Court held in Cammarata v. State Farm Florida Ins. Co., 2014 WL 4327948 (Fla.Dist.Ct.App., Sept. 3, 2014) that once coverage...

Industry Sectors

Education

  • Stetson University College Of Law, J.D., cum laude, 2002
  • Lafayette College, B.A., 1996

Awards & Honors

Super Lawyer "Rising Star" (Florida) 2009-2011, 2013

Leadership West Palm Beach Selection, 2007

  • Florida
  • U.S. District Court -- Middle District of Florida
  • U.S. District Court -- Northern District of Florida
  • U.S. District Court -- Southern District of Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • Palm Beach County Bar Association
  • Florida Defense Lawyers Association
  • Order of Barristers
  • Palm Beach County Chamber of Commerce
  • Member, State Board of Directors and State Government Relations Committee, Coastal Conservation Association