Overview

Jose Pagan joined the firm in 2016. Jose’s legal career spans over 15 years handling both first-party and third-party claims, and over 25 years experience in the insurance industry. Prior to joining Walton Lantaff, Jose worked as in-house counsel for a Florida-based commercial property and casualty insurer. He also previously worked as an Insurance Agent, in addition to both an Insurance Specialist and an Investigator for the Florida Department of Insurance. At Walton Lantaff, Jose focuses his practice primarily in the areas of insurance defense and regulatory matters, at both the trial and appellate levels.

Jose is rated AV Preeminent by Martindale-Hubbell and has earned the Certified Investigator designation from The Council of Licensure, Enforcement and Regulation (CLEAR). Jose was also formerly trained as a Mediator by the American Arbitration Association. He is actively involved with the Department of Financial Services and the Office of Insurance Regulation, two agencies responsible for the regulation, compliance and enforcement of statutes related to the business of insurance. He provides continuing education courses for adjusters, has been published in various insurance publications, and is a presenter at the Florida Insurance Fraud Education Committee (FIFEC) annual conference.

Jose earned his undergraduate degree from Florida State University. He went on to earn his Juris Doctor from the University of Miami School of Law. He is also fluent in Spanish.

Practice Areas:

  • Construction Disputes
  • Governmental Entities
  • Insurance Coverage/Bad Faith
  • Insurance Defense
  • Professional Negligence
  • Governmental Liability
  • Insurance Regulatory and Compliance

Admitted to Practice:

  • 1999, Florida
  • 2010, U.S. 11th Circuit Court of Appeals

Education:

  • Florida State University, B.S. in Marketing and Management, 1989
  • University of Miami, School of Law, Juris Doctor,1999

Professional or Trade Affiliations

  • The Council on Licensure, Enforcement and Regulation (CLEAR)
  • The Claims and Litigation Management Alliance (CLM)
  • International Association of Privacy Professionals (IAPP)
  • Florida Insurance Fraud Education Committee (FIFEC)
  • Florida Advisory Committee on Arson Prevention (FACAP)

Honors & Awards

  • Martindale- Hubbell AV® Preeminent™ Peer Review Rated
  • 2 Davis Productivity Awards while with the Florida Department of Insurance
  • State of Florida Executive Award from Florida Governor Lawton Chiles and Cabinet

Representative Experience

  • A defense verdict was obtained in a UM case in Bay County, Florida. The Plaintiff alleged various injuries and exacerbations to pre-existing injuries resulting from a rear-end accident. Jose represented the UM and excess UM carriers in a one-week trial where the jury ultimately awarded only $10,000, which was offset by the PIP payments resulting in no payment required from the UM carriers.
  • A dismissal was obtained for polyurethane foam manufacturer in a products liability
  • A dismissal was obtained for a firm client in a case alleging a breach of duty of action, stemming from a fire that occurred at a warehouse facility located in Bay County, Florida. The fire resulted in over $1,000,000 of damage. Jose was able to prove that his client did not manufacture or design the insulation at issue, and was able to obtain a dismissal prior to trial, without any settlement payment made.
  • Successfully defended the appeal of dismissal with prejudice of a complaint brought by subsequent purchasers of a home against the initial subcontractor who installed the plumbing at the residence. The trial court agreed with the legal argument that there could be no duty owed for property damages resulting from a ruptured pipe after purchasing a used home and Plaintiffs appealed. Jose presented oral argument before the Fourth District Court of Appeal, where the ruling was ultimately upheld.
  • A dismissal was obtained for a firm client in a case alleging a breach of duty ofcooperation based on a spoliation of evidence claim asserted under Chapter 440,F.S. During litigation of the third party action it was discovered that the car lift which allegedly malfunctioned had been destroyed. The Plaintiff then brought a civil action for products liability and alleging the Worker’s Compensation Carrier failed to preserve evidence during its investigation into a Workers’ Compensation claim. Jose was able to secure the dismissal of the carrier prior to trial without any settlement payment being required.
  • Assisted with the successful resolution of multiple claims on behalf of an omnibus insured driver in a serious motor vehicle accident. The accident resulted in numerous claims alleging bodily injuries, including a death. The resolution was accomplished by securing contributions from several carriers to the estate of the deceased as well as payments to the several other parties presenting claims. A settlement agreement and release fully releasing the insured was secured.
  • During the reforms made to the Florida No-Fault Insurance Act, Jose authored several a micus briefs on seminal issues including the incorporation of the amended statute to existing policies, retroactive application of the statute given the legislative intent, and ability of carriers to utilize an examination under oath.
  • Assisted a firm client in resolving an administrative issue with the Department of Financial Services relating to several in-house adjusters whose licenses were inadvertently not renewed due to company restructuring. The Department agreed to allow the late renewal without any action against or interruption to the adjusters licenses, with a nominal administrative fee to the company.
  • Assisted firm clients in the drafting or amendment of policy provisions to correct issues arising from adverse case results or developing law.
  • Assisted firm clients in the formation and licensure of Third Party Administrators and agencies.
  • Assisted firm clients in defense of possible administrative actions, regulatory inquiries, and performed compliance audits.

We Look Forward to Connecting With You

Contact Us