Chad A. Pasternack

Associate

West Palm Beach

(561) 515-5269

(561) 515-5230

Recent Publication:

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

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...

Chad represents insurance carriers in complex coverage disputes and bad-faith claims. He has experience handling claims involving directors’ and officers’ liability, professional liability, general liability, and first-party property coverages.

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

Chad is active with the Florida bar, currently serving on the editorial board of the Florida Bar Journal.

 

Experience

News

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

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...

Education

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