Chad A. Pasternack

Member

Boca Raton

(561) 515-5269

(561) 245-6209

Chad represents insurers in coverage and bad faith litigation and provides coverage opinions and advice throughout the claim adjustment process. He focuses his practice on commercial property, large loss claims, general liability, and claims with extra-contractual exposure.

Chad has successfully defended numerous multi-million dollar lawsuits in federal courts in Florida, including suits involving commercial property coverage, yacht coverage, allegations of fraud, and the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. Chad is experienced in advising clients on multi-party claims and in defending multi-party litigation. He also has significant experience with litigating claims by condominium associations.

Chad regularly speaks and publishes on claims handling practices and emerging issues in the insurance industry, including the impacts of legislative changes on claim handling and litigation.

Chad earned his bachelor’s degree from The College of New Jersey and his law degree magna cum laude from the University of Miami School of Law. Chad graduated from law school in the top 10% of his class and was elected to membership in the Order of the Coif. While in law school, Chad served as executive editor of the University of Miami Business Law Review. He also earned the Dean’s Certificate of Achievement in Torts and Federal Income Tax and received the George Paterson Endowed Scholarship and the Priscilla Jewett Schneller Scholarship.

Experience

News

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Super Lawyers Names 12 Cozen O’Connor Attorneys to its 2023 Florida List

June 30, 2023

Selection to Super Lawyers is based on peer nominations and evaluations, combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5% of attorneys are named Super Lawyers; only 2.5% of attorneys are listed as Rising Stars.

Cozen O'Connor Promotes 29 Attorneys to Member

March 20, 2023

Cozen O'Connor is proud to announce the promotion of 29 attorneys to member.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Super Lawyers Names 10 Cozen O’Connor Attorneys to its 2022 Florida List

July 11, 2022

Super Lawyers has named 10 Cozen O’Connor attorneys to its 2022 Florida Super Lawyers list.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Representing a Professional Sports Franchise

February 07, 2020

Chad Pasternack was recently a presenter at the University of Miami School of Law. He spoke during the course titled, "Representing a Professional Sports Franchise."

Publications

Florida Enacts Broad Insurance Reforms Focusing on Bad Faith [Property Insurance Law Observer Blog]

March 29, 2023

From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional plaintiffs filing lawsuits pursuant to assignments of benefits. In its...

Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision [Property Insurance Law Observer Blog]

February 03, 2023

Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v....

Florida Begins New Era with Major Property Insurance Reforms [Property Insurance Law Observer Blog]

December 16, 2022

For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program, establishes additional oversight for insurers with high volumes of hurricane claims,...

Top Bad Faith Cases of 2021

July 12, 2022

Michael W. Melendez and Chad A. Pasternack wrote the article “Top Bad Faith Cases of 2021” for Westlaw Today.

Florida Property Insurance Reform Round Three Brings Big Changes [Property Insurance Law Observer Blog]

June 01, 2022

For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors. The bill, S.B. 2D, creates a reinsurance program, amends certain prohibited advertisement...

True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional [Property Insurance Law Observer Blog]

February 14, 2022

A Florida appellate court recently interpreted a “Concealment or Fraud” provision that voids coverage where an insured makes “material false statements” as requiring intentional deception, extending the split amongst the Florida appellate courts. In Vargas v. SafePointe Ins. Co., No. 3D19-1656,...

A Look Inside Florida’s Recent Property Insurance Reform [Property Insurance Law Observer Blog]

June 14, 2021

Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. S.B. 76 focuses on reducing insurance claim litigation by, amongst other things,...

Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment [Avoiding Insurance Bad Faith Blog]

April 19, 2021

In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what healthcare is appropriate for a patient. In Peterson v. Western National...

Claims Handling: Questions Are the Answer [Avoiding Insurance Bad Faith Blog]

April 12, 2021

The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the investigation is sufficient to support a coverage determination and...

A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions [Property Insurance Law Observer Blog]

January 22, 2021

In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect damages flow from the alleged breach of contract. By doing so, policyholders...

Eleventh Circuit Reaffirms Exception to the 'Four Corners' Rule for Determining an Insurer's Duty to Defend [Casualty Coverage Chronicle Blog]

September 24, 2020

As a general rule, an insurer’s duty to defend arises under Florida law when the allegations of the complaint against the insured “fairly and potentially bring the suit within policy coverage.” Jones v. Fla. Ins. Guar. Ass’n, Inc., 908 So. 2d 435, 442-43 (Fla. 2005). This general rule is often...

Correlation or Causation for Coronavirus-Related Business Income Losses [Property Insurance Law Observer Blog]

March 24, 2020

In the wake of the Coronavirus (COVID-19) pandemic, countless businesses have reduced or closed operations—some permanently. Flights have been canceled, hotels and restaurants have closed, and employees have been told to stay home. Naturally, businesses will seek to offset their financial losses...

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 [ 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 [ 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...

Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal [Property Insurance Law Observer Blog]

April 23, 2019

The Eleventh Circuit, in J.P.F.D. Investment Corp. v. United Specialty Insurance Co., recently affirmed a district court’s denial of statutory attorneys’ fees to a policyholder that, to resolve a disagreement over the amount of loss, filed suit against its insurer instead of participating in...

Events & Seminars

Past Events

2022 Bad Faith Year in Review

April 26, 2023 - Webinar

Bad Faith 2021 Year in Review

April 27, 2022 - Webinar

Bad Faith 2020 Year in Review

April 21, 2021 - Webinar

Education

  • University of Miami School of Law, J.D., magna cum laude, 2015
  • The College of New Jersey, B.S., 2012

Awards & Honors

Best Lawyers in America "Ones to Watch" 2022 - 2024

Super Lawyers "Rising Star" (Florida) 2022 and 2023

  • Florida
  • District of Columbia
  • New York
  • U.S. District Court -- Middle District of Florida
  • U.S. District Court -- Northern District of Florida
  • U.S. District Court -- Southern District of Florida

Florida Bar Journal Editorial Board, 2018-2021