Michael Higer

Practice Areas

Michael J. Higer, a Partner of Berger Singerman's Dispute Resolution Team, is an experienced litigator and trial lawyer who devotes his practice to commercial litigation and civil trial work. He represents small business owners and high-profile clients in numerous industries including real estate and financial services. His litigation practice largely focuses on insurance, real estate, intellectual property, and debtor/creditor matters. He represents clients in state and federal trial and appellate courts, the Supreme Court of Florida and the Supreme Court of the United States. Among his many accomplishments, achievements and recognitions, Michael currently serves on the American Arbitration Association’s Roster of Arbitrators, is past Chair of the Business Law Section of The Florida Bar where he is one of the very few to be recognized as one of its outstanding members, and is a Past-President of The Florida Bar. Michael also currently serves on the Judicial Qualifications Commission.

Professional Memberships

- Board of Governors, The Florida Bar

- Commissioner, Judicial Qualifications Commission

- The Florida Bar, Business Law Section; Family Law Section; Labor and Employment Law Section; Trial Lawyers Section

- Judicial Nominating Screening Committee

- Judicial Qualifications Screening Committee

- Public Member Screening Committee

- Eleventh Judicial Circuit, Committee on Business Courts

- Supreme Court of Florida Committee on Standard Jury Instructions, Contract Business Cases

- Florida Supreme Court Historical Society

- Florida Bankers Association

- The Fellows of the American Bar Foundation

- American Bar Association

- Dade County Bar Association

- Miami-Dade County Justice Association

- Centennial Celebration, Committee of 100

- Florida Justice Association

- Federal Bar Association

- Association of Trial Lawyers of America

- American Intellectual Property Lawyers Association

- Intellectual Property Law Association of Florida

- Wind Conference

- Greater Miami Chamber of Commerce

- Greater Miami Jewish Federation

- University of Miami, Law School Alumni Association

- Cuban American Bar Association

- Florida Association of Women Lawyers

- Wilkie Ferguson Bar Association

- Florida Association of Public Insurance Adjusters

Publications

- Higer, M. (2019, June 9). Berger Singerman Survey Reveals Most Florida Businesses Are Not Prepared for Hurricane Season. Berger Singerman LLP. https://www.bergersingerman.com/news-insights/berger-singerman-survey-reveals-most-florida-businesses-are-not-prepared-for-hurricane-season

- Higer, M., Choquette, C. B., Clausen Lozier, G., & Rodriguez, M. (2021, January 19). Chambers & Partners USA - Insurance & Reinsurance 2021 Q&A . USA - Insurance $ Reinsurance 2021. https://practiceguides.chambers.com/practice-guides/insurance-reinsurance-2021/usa

Work Highlights

- Obtained jury verdict for a homeowner for 100% of the damages sought, successfully defended the verdict on appeal, obtained a significant award of over one million dollars in fees and costs including a 1.5 multiplier, and then obtained a significant bad faith settlement.

- Obtained a substantial settlement for the owner of a jai-alai/casino facility after filing suit where insurance company failed to acknowledge coverage for the significant losses insured incurred as a result of employee embezzlement. And through a pre-mediation, obtained a substantial settlement for this same facility in an unrelated roof collapse claim overcoming an unfavorable burden of proof with respect to the coverage provision in the policy and exclusions concerning a collapse.

- Obtained full policy limits for a company following a multimillion-dollar embezzlement scheme instituted by one of its employees following substantial requests for post loss compliance and document production.

- Representing the owner of large hotel/residential property in Miami Beach with respect to various damages resulting from construction defects at the property which exceed $10 million.

- As a result of a class action, our Insurance Practice Group filed on behalf of similarly situated policyholders challenging the impartiality language in the appraisal provisions in insurance policies in which an insurance company was objecting to insureds’ chosen appraiser, the insurance company abandoned its objections, agreed prospectively not to enforce the applicable provision, paid the named insured the full amount of damages incurred, and paid 100% of the legal fees incurred.

- Through negotiation and without the necessity of litigation obtained $28 million in insurance proceeds for the owner of two neighboring, 19-story, residential apartment projects that were under construction at the time of Hurricane Irma. The hurricane caused well over $50 million dollars in building and other damages. Our Insurance Practice Group has assisted and continues to assist the property owner throughout the claim process in counseling it as to submittal of multiple proofs of loss to multiple layers of insurance companies, complying with post-loss requests, assessing and documenting the damages, assembling a group of experts to analyze and assess the damages, and analyzing and evaluating claims by and against third parties.

- Representing the owner of four commercial properties in South Florida – all of which suffered damages in excess of $65 million and representing this owner as to a fifth loss as to one of these properties which subsequently suffered a fire loss. Our Insurance Practice Group obtained a multimillion-dollar settlement just as to the fire loss. As to the Irma claims, our Insurance Group continues to assist the owner throughout the claim process in counseling it as to the submittal of multiple proofs of loss to multiple layers of insurance companies, complying with post-loss requests, assessing and documenting the damages, assembling a group of experts to analyze and assess the damages, and analyzing and evaluating claims by and against third parties. Thus far, our Insurance Practice Group has obtained in excess of $40 million in insurance proceeds for the owner.

- Using a pre-lawsuit mediation, obtained a substantial recovery for a pharmacy which sustained damage to its property and equipment resulting from a break-in at its pharmacy. During the break-in, the perpetrators not only caused direct physical damage but also broke a pipe within the interior causing water damage throughout the pharmacy and a loss of a significant portion of its inventory. Our Insurance Practice Group ultimately prevailed despite the insurance company’s denial of the claim prior to our involvement.

- Successfully represented numerous condominium associations in obtaining nearly 100% of the amount demanded without the necessity of the filing of a lawsuit which resulted in a multimillion-dollar recovery for the association and prompt recovery of funds.

- In the face of a summary judgment motion based on a presumptively late notice to the insurance company of the insured’s claim, through mediation, our Insurance Practice Group, obtained a substantial six figure recovery for a property developer and preserved the balance of the construction defects claim for the developer to pursue against the contractor and related parties. This claim arose out of ensuing water damages from faulty construction. Despite the insurance company’s contention that the reporting of the claim was presumptively late, we were able to overcome this prejudice assertion by showing the insurance company’s investigation was insufficient and by showing there was ample evidence from which the insurance company could evaluate the claim.

- Recognizing that the federal forum was not advantageous for the insured, our Insurance Practice Group successfully argued that the federal court should remand the coverage dispute to the state court with respect to a commercial property loss which resulted in substantial damage from a plumbing leak. Thereafter, the state court granted the insured’s motion to compel appraisal and forced the insurance company to appraise the loss. During the course of the appraisal, it was discovered that insured had sustained damage from a plumbing leak originating from another location. We reported this water event and asserted that it should also be appraised. The insurance company fought the inclusion of the additional claim in the appraisal and filed an action to determine coverage for the additional loss. Ultimately, the insurance company agreed to appraise the amount of the additional loss but maintained its conditions to coverage. We successfully obtained 100% recoveries for the insured as to both claims together with interest and fees.

- After years of extensive litigation, a state court approved a class action settlement in favor of a class of homeowner policyholders which alleged that the insurance company engaged in a general business practice referred to as “post-claims underwriting.” The Class alleged that once an insured made a claim to the insurance company it would conduct a very simple underwriting analysis it did not do in the first place and would void the policy “ab initio” so that it could effectively deny coverage based on purported, “incorrect statements” in the applications. Although the practice is not per se illegal and Chapter 627.409, Florida Statutes, allows for this practice, the Florida Office of Insurance Services, the Florida Office of the Insurance Consumer Advocate, and the Florida Legislature have all described this practice as against the public policy of Florida. After extensive discovery and litigation, the parties reached a settlement in which the insurance company created a substantial reserve to compensate the victims of its improper practice.

- Our Insurance Practice Group successfully compelled appraisal of a restaurant’s business income loss resulting from a fire damage which destroyed the restaurant and successfully obtained a substantial six figure recovery for the owner.

Expert in these Jurisdictions

Florida

Washington, D.C.

U.S. Court of Appeals, Federal and Eleventh Circuit

U.S. District Court, Northern, Middle, and Southern Districts of Florida

U.S. Supreme Court

Languages Spoken

- English

Education

Awards