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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Jennifer J. Kennedy

Jennifer J Kennedy

Phone: 727-821-2080
Email: jkennedy@abbeyadams.comcreate new email
vCard: Download Contact Info

Meet Jennifer J. Kennedy

Ms. Kennedy practices in the areas of appellate law and insurance coverage. Her practice includes a variety of insurance-related matters, including coverage, extra-contractual exposure, and first party and third party coverage matters at the pre-litigation, trial and appellate levels.

Practice Areas

  • Civil Appeals
  • Workers’ Compensation Appeals
  • First-Party Insurance Coverage
  • Third-Party Insurance Coverage
  • Coverage Litigation
  • Bad Faith
  • Trial Support

Education

  • Stetson University College of Law (J.D., cum laude, 2001)
  • University of Rhode Island (B.A, cum laude, 1998)

Bar Admissions

  • Florida (2001)

Court Admissions

  • All Florida State Courts
  • U.S District Court, Middle District of Florida
  • U.S District Court, Southern District of Florida
  • U.S District Court, Northern District of Florida
  • U.S. Court of Appeals for the Eleventh Circuit

Professional Affiliations

  • The Florida Bar (Appellate Section)
  • St. Petersburg Bar Association (Appellate Section; Paraclete Editorial Board)
  • Hillsborough County Bar (Appellate Section)
  • Florida Defense Lawyers Association
  • Barney Masterson Inn of Court
  • Pinellas Florida Association for Woman Lawyers
  • Pinellas County Trial Lawyers
  • American Bar Association, Counsel of Appellate Lawyers

Community Involvement

  • Lawyers for Literacy Volunteer
  • MDA Lock-Up Fundraiser Participant
  • Volunteer Judge for Stetson University College of Law Moot Court Board
  • Volunteer Judge for Stetson University College of Law Dispute Resolution Board

Publications

  • Jennifer Kennedy, Preservation Checklist for the Busy Trial Attorney, Florida Defense Lawyers Association, Trial Advocate Quarterly, Fall 2016 at p31
  • Jennifer Kennedy, Preservation Checklist for the Busy Trial AttorneySt. Petersburg Bar Association Paraclete, July/August 2016 at p22.
  • Jennifer Kennedy, Florida Supreme Court Sets Forth the Correct Test for Harmless Error in Civil Appeals, St. Petersburg Bar Association Paraclete, May 2015 at p18.

Distinctions

  • Law clerk to the Honorable Virginia Covington on Florida’s Second District Court of Appeal from 2001-2003
  • Florida Super Lawyers (2012 and 2016)

Presentations

  • Co-authored a variety of seminars pertinent to attorneys and insurance professionals and has spoken at appellate seminars, including:
  • Avoiding Bad Faith Traps and Set-Ups, presenter at seminars in Illinois and Atlanta, Georgia
  • The Florida Casualty Claim: Incident to Appeal, presenter at seminars in Illinois; Atlanta, Georgia; Florida.
  • Florida Motor Vehicle Law, presenter at seminars in Illinois; Atlanta, Georgia; Florida.
  • Saint Petersburg Bar Association CLE: Practice In The Second District: A Seminar For Trial and Appellate Lawyers, Writing an Effective Brief in the Technology Age, 2017
  • Saint Petersburg Bar Association CLE: Practice In The Second District: A Seminar For Trial and Appellate Lawyers, presenter 2013
  • Saint Petersburg Bar Association CLE: Practice In The Second District: A Seminar For Trial and Appellate Lawyers, presenter 2010
  • Saint Petersburg Bar Association CLE: Practice In The Second District: A Seminar For Trial and Appellate Lawyers, presenter on Effective Brief Writing – Answer Brief, 2009

Significant Appellate Opinions

  • Erie Ins. Exchange v. Larose, 202 So. 3d 148 (Fla. 2d DCA 2016) (holding that an out-of-state insurance carrier that issued an out-of-state policy to a non-Florida resident and did not do business in the state of Florida was not subject to personal jurisdiction in the state of Florida).

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Recent Posts

  • Insurance — Homeowners — Windstorm loss — Notice of loss — Timeliness — Prejudice to insurer — No error in entering summary judgment in favor of insurer based on determination that insured failed to overcome presumption that insurer was prejudiced by his failure to timely report claim for hurricane damage — Insured failed to act with reasonable dispatch and within a reasonable time where insured waited two years and seven months to report claim of hurricane damage to his roof — Conclusory affidavits submitted by insured in opposition to summary judgment were insufficient to rebut presumption of prejudice where passage of time rendered insurer unable to determine what current damage was directly attributable to the storm — Court rejects argument that policy was ambiguous because it contained a clause imposing a blanket bar on any hurricane-related claim beyond three-year window and a second clause requiring insured to provide prompt notice of any claim — Clauses, when read together, require an insured to file any hurricane-related claim within three years of the storm, and to act swiftly upon discovering damages
  • Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights
  • Consumer law — Deceptive and Unfair Trade Practices — Proposal for settlement — Attorney’s fees — Costs — Prevailing party — Where partial summary judgment as to liability was granted in favor of plaintiff, but jury awarded no damages, it was not an abuse of discretion for trial court to deny defendant’s request for attorney’s fees as a prevailing party on Florida Deceptive and Unfair Trade Practices Act claim — No error in denying fees and costs under proposals for settlement presented to trial court — None of the proposals proffered satisfied strict requirements of section 768.79 and rule 1.442 where proposals required plaintiff to execute a release but failed to describe release with sufficient detail, contained ambiguity as to punitive damages, and required payment from date of settlement without defining such date — Error to deny request for costs under section 57.041 — A zero judgment constitutes a judgment in favor of the defendant for purposes of recovery of costs under the statute
  • Torts — Premises liability — Slip and fall — Discovery — Relevance — Appeals — Certiorari — Order requiring defendant’s corporate representative to address areas of inquiry related to defendant’s corporate-wide operations is quashed — Allowing corporate-wide discovery amounted to carte blanche discovery that results in irreparable harm and departs from essential requirements of the law — Information is not discoverable based on its relevance to show negligent mode of operation because, under section 768.0755, negligent mode of operation is not a viable theory of recovery in slip-and-fall cases
  • Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights

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