Partner C.J. Gomes recently secured a favorable court ruling on a motion for summary judgment in a declaratory judgment action. The case arose from an insurance coverage dispute centered on a workers’ compensation claim, which involved an incident that allegedly occurred in Cuba. The coverage issue involved the applicability of a policy exclusion for work performed in any country with which the U.S. has in place any economic embargoes or trade sanctions as administered by the Office of Foreign Assets Control (OFAC).   OFAC enforces certain embargoes and sanctions against designated countries, including Cuba, and maintains a list known as the “Specially Designated Nationals and Blocked Persons” (“SDNBP”) list.  Following written and oral argument, the court entered a dispositive order granting the carrier’s motion for summary judgment on all counts, and holding that regardless of whether the claimant was in Cuba for work or personal reasons, the policy at issue did not afford coverage for the claim presented.

About C.J. Gomes

C.J. Gomes is a partner practicing in the Jacksonville office. Her practice focuses primarily on insurance defense, including pre-suit advisement and consultation on claims handling and complex coverage issues, insurer bad faith/extra-contractual liability, and appeals.

C.J. offers her clients a full range of insurance coverage services, including prosecuting or defending declaratory judgment lawsuits, providing coverage opinions, obtaining, and advising on, examinations under oath, and preparing reservation of rights and claim denial letters.  She advises insurers on a variety of coverage issues and investigations involving auto, property, umbrella, commercial general liability, homeowners, disability, employment practices liability, and professional malpractice policies.  C.J. routinely consults and advises clients on pre-suit claims handling issues or concerns, including claims involving alleged bad faith/extra-contractual liability, civil remedy notices, multiple claimants/inadequate limits, and settlement negotiations involving unique conditions.

In addition, a significant portion of C.J.’s practice involves assisting and advising insurers operating outside of Florida with handling and responding to claims arising within Florida, including responding to insurance disclosure requests, civil remedy notices, PIP lawsuits or demands, choice of law issues, extra-contractual liability allegations, general claims handling concerns, coverage issues, and more.