Insurance coverage law moves closer to board certification status
Judge Kansas R. Gooden: ‘I am extremely excited about this new area, because when I was a practitioner, this was a big chunk of my practice, and I had problems finding a home within the board certification program.’
The Program Evaluation Committee voted unanimously Thursday to approve a proposed “Insurance Coverage Law” board certification area after it was enthusiastically endorsed by several Bar leaders.
President-elect Rosalyn Sia Baker-Barnes, a board-certified civil trial lawyer from West Palm Beach, thanked the committee for vetting the proposal.
“I really think that this is a good thing,” she said. “We have a ton of practitioners that did very well in this area, but did not really have the ability to have a designation as expert in this area because there is no board certification for it.”
Baker-Barnes noted that an “Insurance Law Section” the National Bar Association added in the past several years has become highly popular.
The Florida Bar Board Certification Program features 27 practice areas, making it one of the most robust in the nation.
Tampa insurance lawyer Debbie Crockett chaired a Real Property, Probate and Trust Law Section special committee that submitted the proposal last year after back-to-back hurricanes devastated a wide swath of the state, from Tampa Bay to Volusia County.
Sponsors say the designation would help consumers navigate the insurance claims process after Florida’s frequent storms. Endorsements by the Florida Justice Association’s Property Insurance Section, the Florida Defense Lawyers Association, and the consumer advocacy group, United Policy Holders, proves it has broad-based appeal, the sponsors note.
Crockett’s panel spent months surveying Bar divisions, sections and committees, and gathering signatures from more than 258 attorneys who pledged to pursue a certification if the proposal is approved.
The Board of Legal Specialization and Education approved the proposal in January. The Board of Governors could weigh in as early as September. It would then go to the Supreme Court for final consideration.
Third District Court of Appeal Judge Kansas Gooden, the BLSE chair, presented the proposal to the Program Evaluation Committee on Thursday.
“In Florida, we have always been the leader in board certification across the nation,” Gooden said. “In this area, we are not.”
Sponsors found only two comparable certification programs, in Texas, where there are 65 board-certified attorneys, and Ohio, where there appear to be 22, Gooden said.
Before Gov. Ron DeSantis appointed her to Third DCA in June 2024, Gooden was a board-certified appellate lawyer and a former Appellate Practice Section chair.
“I am extremely excited about this new area, because when I was a practitioner, this was a big chunk of my practice, and I had problems finding a home within the board certification program,” she said.
The BLSE granted preliminary approval in November after asking a special committee to revise some of the proposed standards to make them more consistent with other practice areas, Gooden said.
For example, Gooden said, the sponsors proposed that applicants have a minimum of seven years of experience.
“It just didn’t jibe with the rest of our standards,” she said. “Even though with board certification you are an expert, we still have this idea of a minimally qualified applicant, again, you only need to be practicing for five years to fall into that.”
Some BLSE members were concerned about the potential to overlap with other certification areas, especially business litigation, construction, and civil trial, Gooden said.
But a survey of certification area representatives revealed no concerns, Gooden said. Far from it, she said.
“They all had no objections, and honestly, they all had glowing recommendations and said it’s long overdue for Florida.”
Business Law Section Chair Manny Farach was one of the few committee members who asked questions.
“When you say insurance coverage, does this apply to all aspects of insurance coverage, for instance, providing insurance coverage arising out of construction disputes?”
Gooden answered affirmatively.
“If you look at the areas actually being tested, it is very insurance-based, dealing with application, agents, contract ambiguity, drafting policy language, claim filing, discovery,” she said. “And then there’s lots of things dealing with bad faith.”
The application defines Insurance Coverage Law as a “the practice of law that involves issues, disputes, and matters among or between insurers, policyholders, or third-party insurance policy beneficiaries concerning the rights, duties, responsibilities, and coverages that arise out of insurance policies.”
The definition is followed by an extensive list of subspecialities.
Gooden said the proposal is tailor made for Florida.
“This is just an area that is perfect for Florida, especially with the number of hurricanes that we have, and the amount of insurance that flows through our state.”
