Daniels, Kashtan, Downs, Robertson & McGirney

MICHAEL J. MCGIRNEY - PARTNER

Education:
Lasalle University, B.S.
John Marshall Law School, J.D.

Bar Admissions: Florida , Illinois

Michael J. McGirney, the founding and managing partner of the firm’s Tampa Office was born in Upper Darby, Pennsylvania and obtained his Bachelor of Science Degree, with a dual major in Business Administration and Psychology, from LaSalle University in 1978.  Upon graduation from LaSalle, Mr. McGirney worked for 12 years in various technical and supervisory claims positions with a number of established insurance companies – during which time he earned his Juris Doctor in 1990 from The John Marshall Law School.

Mr. McGirney’s insurance claims background is quite diverse. His experience includes personal and commercial, excess and surplus, professional liability and excess professional liability lines of business. Also, while he was working with program business and captive insurers, he helped form a third-party administrator servicing claims and litigation on a nationwide basis for general liability, professional liability and captive insurance programs, including captive legal malpractice programs for domestic and London markets.

While establishing the third-party administrator, Mr. McGirney developed and implemented an insurance verification program for Ford Motor Credit, which is still in use today.

Mr. McGirney’s complex litigation practice is focused on the defense of professionals, primarily attorneys, architects and engineers, insurance companies and agents as well as contractors, accountants, actuaries,  fiduciaries, financial institutions, directors and officers, real estate agents and title agents. He has represented insurance carriers in coverage matters and bad faith litigation, and has been involved in the defense of class action, mass tort and multi-district litigation.  He is experienced in handling toxic tort, mold and other environmental liability issues.  He has represented over 900 professionals in over 20 years of practice.

Mr. McGirney has also served as an insurance consultant and insurance claim consultant for a number of organizations, including the New York Yankees.

A number of courts have certified Mr. McGirney as an expert witness in insurance and professional liability matters.

Mr. McGirney also served a three-year term as a member of the Hillsborough County 13D Grievance Committee of the Florida Bar.

Mr. McGirney is a member of The Florida Bar, Hillsborough County Bar Association, and actively participates in the Torts and Insurance Practice Section, Standing Committee on Lawyers Professional Liability and Dispute Resolution Sections of the American Bar Association.  He also participates with the Professional Liability Underwriting Society, the Defense Research Institute and the Professional Liability Defense Federation.

Mr. McGirney is certified by the State of Florida on Mediator Ethics and he serves as an instructor on mediator ethics and mediator liability issues in mediator training programs held by the American Arbitration Association, University of South Florida, Florida State University and other organizations. He has also provided seminars to various insurance companies in matters of professional and general liability defense issues and has taught claims training classes. He has served as a guest law lecturer at the Stetson Law School, University of Florida Law School and University of Miami Law School.

Mr. McGirney has been recognized as a Super Lawyer in Florida, and was named one of Tampa Bay’s Top Lawyers for Professional Liability in 2010.  He is AV Pre-eminent  Rated by Martindale-Hubbell.

Practice Areas

• Legal Malpractice
• Miscellaneous Professional 
• Construction and Architects and Engineers
• Insurance Coverage
• Insurance Bad Faith
• Administrative Matters before the Florida Bar and Department of Prof Regulation
• Mediation and Arbitration
• Professional Responsibility

Published Cases

• Wendt v. Horowitz 822 So.2d 1252 (Fla. 2002)
• Echevarria, McCalla, Raymer, Barrett & Frappier 950 So.2d 380 (Fla 2007)
• Perera v. United States Fidelity and Guaranty Company 35 So.3d 893 (Fla 2010)

Speaking Appearances (Partial List)

• The Vanishing Premium Life Insurance Policy Issues Are Here to Stay: Lorman, 1994
• Fundamentals of Florida Good Faith Claim Handling: Practicing Law Inst, 1994
• Update on Insurance Agent E&O: Professional Liability Underwriting Society, 1995
• New Case Developments in Legal Malpractice: Practicing Law Institute, 1996
• Home Inspectors Error & Omission Claims: American Soc of Home Inspectors, 1997
• Defending Multiple Chemical Sensitivity Cases: Lorman, 1998
• Exposure to Home Inspectors on Mold and Multiple Chemical Sensitivity Cases: American Society of Home Inspectors, 1999
• Bad Faith Litigation: Lorman, 2000
• Ethical Issues in Insurance Coverage Litigation: National Business Institute, 2000
• Mediator Malpractice: Florida Dispute Resolution Committee, 2001, 2002 & 2003
• Ethical Issues for Mediators: American Arbitration Association, 2002
• The Perils of Practicing Law on the Internet: American Bar Association and Stetson U University College of Law, 2002
• Insurance Coverage Litigation/National Business Institute, 2002
• The Impact Rule in Florida: Target Insurance Annual Conference, 2003
• Litigator’s Guide to Liability Insurance in Fl/Sterling Education Services, 2003
• Effect of Liability Limitation and Arbitration Clauses in Home Inspector Contracts: American Society of Home Inspector, 2003
• Update on Insurance Agent E&O Claims: Zurich Insurance Program Administrator Conference, 2004
• Preserving Client Confidences: Half Moon Continuing Legal Education, 2005
• Legal Malpractice Issues for Intellectual Property Attorneys: Hillsborough County Bar Association, 2005
• Breach of Fiduciary Duty – A Limitless Concept?: American Bar Association Spring National Legal Malpractice Conference, 2006
• Insurance Coverage Litigation: National Business Institute, 2006
• Automobile Litigation: Strategic Issues and Answers: National Business Inst, 2007
• Immunity for Mediators and Arbitrators:  American Arbitration Association, 2008
• Proving Damages Caused by Mold Infestation:  National Business Institute, 2008
• Litigation Immunity is Alive and Well in Florida:  Univ of Florida Law School, 2009
• Chinese Drywall Litigation – Issues and Ethics:  National Business Institute, 2009
• Disaster Planning for Professionals: The American Institute of Architects and Elliott Consulting Services, 2009
• Condominium Associations Address Chinese Drywall Issues in Foreclosed Units, Wells Fargo Insurance, 2010
• Fiduciary Duty Primer for Law Firms, Jacksonville Bar Association, 2010
• Architect’s Challenges in Dealing with Contractual Liability Issues, The American Institute of Architects, 2010
• A Computer Privacy Primer for Insurance Agents: Wells Fargo Insurance, 2011

Publications (Partial List)

• Bad Faith in Florida: Target Insurance Client Newsletter, 2002
• The Perils and Pitfalls of Mediation: Florida Professional Liability and Ethics Law Letter, 2006
• Finally, Some Good News: Litigation Privilege is Alive and Well in Florida: Florida Professional Liability and Ethics Law Letter, 2007
• Wrestling with the 500 Pound Gorilla: Fiduciary Duty and the Diminishing Limits Policy: Florida Professional Liability and Ethics Law Letter, 2007
• Coverage: Why Chinese Drywall Will Not Be The Next Asbestos: Agents of America, 2008
• What Every Insurance Agent Needs to Know About Chinese Drywall: Agents of America, 2009
• The Importance of Having a Social Media Policy: Prof Liability Newsletter, 2010
• The Agent and Broker’s Use of Computer Technology and Its Impact on Agency Operations: “Thirteen Things Every Insurance Agent Should Know” E-Book Chapter for Agents of America, 2010

Professional Licenses & Awards

• Florida Super Lawyer (Professional Liability: Defense, Construction Litigation, Insurance Coverage)
• Who’s Who in America
• Who’s Who in American Law
• A Tampa Bay Magazine Best Lawyer in Professional Liability

Board Memberships

• President of the Board of Directors, Harbour Bay Townhomes Homeowners Association
• Board of Directors, Tampa Sports Foundation

Memberships

• The Florida Bar
• Hillsborough County Bar Association
• American Bar Association, Standing Committee on Lawyers Professional Liability and Dispute Resolution Committee
• Professional Liability Underwriting Society
• Defense Research Institute
• Professional Liability Defense Federation
• Agents of America

Court Admissions

• State of Florida, 1990
• State of Illinois, 1990
• United States District Court, Northern District of Illinois, 1990
• United States District Court, Middle District of Florida, 1990
• United States District Court, Northern District of Florida, 1991
• United States Supreme Court, 2006