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Alan J. Nisberg

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Tampa
Partner

Phone

(813) 281-1900

Address

777 S. Harbour Island Boulevard
#500
Tampa, Florida
33602

Email

Practice Areas

  • Appellate
  • Arson & Fraud
  • Extra-Contractual

Education

  • University of Florida, (JD/MBA)
  • SUNY Binghamton University
Alan J. Nisberg is a Partner at Butler Pappas.

Rated "AV" (Preeminent) for both legal proficiency and ethics by the judiciary and the bar, he is an experienced trial attorney and savvy negotiator. Alan is admitted to practice in all Florida state and federal courts, including the U.S. Eleventh Circuit Court of Appeals, and the U.S. District Courts for all three districts of Florida. He is active in the firm's Extra-Contractual Litigation, Commercial Litigation, Insurance Coverage, and Class Action Departments. Alan's legal experience includes complex commercial litigation, class actions, first-party and third-party bad faith, business torts and other extra-contractual claims, healthcare billing practices, insurance fraud, and coverage issues (including homeowner, auto and health insurance). Beyond his trial and litigation experience, he is both a Supreme Court of Florida Certified Circuit Civil Mediator and a Supreme Court of Florida Court-Approved Arbitrator.

Alan has lectured nationally on topics pertaining to adjuster ethics, bad faith, business interruption, property coverage, information sharing immunity, healthcare law, and multi-claim fraud issues for organizations such as the American Bar Association (ABA), International Association of Special Investigations Units (IASIU) and major insurance companies. His written articles are frequently published and he is approved as a continuing education speaker by the Florida Department of Financial Services.


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Extended Biography

Alan is an experienced trial attorney and achieved national attention as a pioneer in complex hospital pricing litigation in media publications such as USA Today, Miami Herald, Tampa Bay Business Journal, Hospitals and Health Networks Magazine, Naples News and Indiana Business Journal, as well as the syndicated press through independent writers from The Bureau of National Affairs, The Associated Press, and The News-Press.

Alan is the author of the following published articles: Illuminating Fraud: Spotlight on Affirmative Litigation, Litigation Management Magazine, Fall 2014; The Role of Mediation in Settling Fraud Disputes, Claims Management, June 2014; Settling Insurance Bad Faith, The Caucus, Spring 2013; Mediation (Resolving Cases With Extra-Contractual Exposure) Mealey's Litigation Report: Insurance Bad Faith, November 21, 2012; A Wolf In Sheep's Clothing (Insurers Should Be Vigilant In Florida) Mealey's Litigation Report: Insurance Bad Faith, December 22, 2011; The Insurer's Bill of Rights (A Balance of Power) Mealey's Litigation Report: Insurance Bad Faith, July 28, 2011; Bad Faith and Beyond: A Business Law Primer for Insurers, Mealey's Litigation Report: Insurance Bad Faith, May 27, 2010; Florida's Bad Faith Quagmire: Is Summary Judgment Ever Available?, Mealey's Litigation Report: Insurance Bad Faith, March 2009; Torts for Tots (Bad Faith and Other Independent Torts), Mealey's Litigation Report: Insurance Bad Faith, August 28, 2008; Oxymoronic (Tortious Breach of Contract), Mealey's Litigation Report: Insurance Bad Faith, July 24, 2007; The Implied Covenant of Good Faith and Fair Dealing (A Contractual Concept Expanded To Promote Public Policy), Mealey's Litigation Report: Insurance Bad Faith, February 21, 2006; The Timely Demise of Excess Judgments (Probate Nonclaim Statutes), Mealey's Litigation Report: Insurance Bad Faith, March 22, 2005; Juggling Multiple Claims with Inadequate Limits, Mealey's Litigation Report: Insurance Bad Faith, October 15, 2003; Institutional Bad Faith: Individual Or Class Action Ligitation (All For One? - Or - One For All?), Mealey's Litigation Report: Insurance Bad Faith, February 19, 2003; Level the Playing Field: Abate or Stay the Bad Faith Action Pending Resolution of the Underlying Liability or Coverage Case, Mealey's Litigation Report: Insurance Bad Faith, July 15, 2000; Fraud and Related Issues, Tort & Insurance Law Journal, 2000; Advice of Counsel: The Insurance Companies First and Last Line of Defense, Mealey's Litigation Report: Insurance Bad Faith, July 20, 1999.

Alan is also a member in good standing in multiple legal associations, including the American Bar Association (Tort Trial and Insurance Practice Section Member), the Defense Research Institute (DRI), the Florida Advisory Committee on Arson Prevention (FACAP) and the Florida Academy of Professional Mediators (FAPM).

Alan is a graduate of the University of Florida College of Law (Juris Doctorate, 1992) and the University of Florida School of Business (Master of Business Administration, 1992), where he completed the University of Florida's dual graduate degree program. While in Gainesville, he served as a board member on the University of Florida Law Review and he served as a faculty member for the National Institute of Trial Advocacy's Advanced Trial program. Alan is also a graduate of Binghamton University, State University of New York (Bachelor of Arts, 1988) where he received its Outstanding Academic Achievement Award and the State University of New York Foundation's Undergraduate Research Project Award. Alan also served as a judicial clerk for the Supreme Court of the State of New York.

Representative Cases

  • Golding v. State Farm Mutual Automobile Insurance Company, et. al., 56 So.2d 14 (Fla. 4th DCA)(action alleging fraud and deceit, bad faith, intentional infliction of emotional distress, negligence, breach of fiduciary duty, exploitation of the elderly, and notary malpractice against insurance company and its employees, as well as insurance agent).
  • Lee Memorial Health System v. Medical Savings Insurance Company, 2007 WL 2071332, 2007 WL 2044227, 2007 WL 2044232, 2006 WL 3231388, 2006 WL 2474024, 2006 WL 1722347, 2005 WL 2291679 (M.D. Fla.)(dispute over reasonableness of hospital charges; unjust enrichment, quantum meruit, breach of insurance contract, breach of  implied covenant of good faith, wrongful interference with contractual rights, promissory estoppel and breach of third-party beneficiary contract).
  • Medical Savings Insurance Company v. HCA, Inc, et. al., 186 Fed.Appx 919, 2006 WL 1746934 (11th Cir.)(Fla.), 2005 WL 1528666 (M.D. Fla.)(action alleging hospital price fixing, group boycott, monopolization, tortious interference with business relations, defamation and for injunctive relief).
  • Screnci v. State Farm Mutual Automobile Insurance Company, 2009 WL 3667091 (S.D.Fla.)(Case No. 09-80510-CIV)(statutory and equitable action alleging discriminatory and excessive premium rates).
  • Superior Insurance Company v. Cano, 829 So.2d 991 (Fla. 2d DCA)(quashing  trial court's order requiring insurance company to answer questions about its trade secrets).

Case Types

  • Appellate
  • Arson and Fraud
  • Commercial Litigation
  • Extracontractual Claims
  • Fire (Suspected or Potential Fraud)
  • First Party Coverage Issues
  • Fraud - Multi-Claim Investigations
  • Fraud - Personal Injury Protection
  • Fraud - Sinkhole Remediation
  • Healthcare Insurance Fraud
  • Insurance Coverage
  • Insurance Fraud
  • Third Party Coverage Issues