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Mark Greenberg focuses his practice on insurance related disputes with particular emphasis on counseling, alternative dispute resolution and litigation of life, health and disability matters arising under the Employee Retirement Income Security Act (ERISA), group and individual policies, and contractual disputes. He handles matters at the trial and appellate levels of federal and state courts and is particularly experienced in the following areas:

  • Representation of disability insurance companies in claims for benefits, rescission actions, contract and tort actions involving individual disability policies
  • Representation of life and health insurance companies in claims for benefits and related actions involving life and accidental death and dismemberment policies
  • Defense of life, health and disability insurance companies in claims for benefits and actions arising under ERISA
  • Representation of property and casualty insurance companies in first party claims
  • Representation of agents, brokers and financial advisors under errors and omissions policies
  • Breach of contract and tort claims arising from business relationships

Professional Background

Prior to joining Hinshaw & Culbertson LLP in April 2015, Mr. Greenberg was for nine years a shareholder in the Miami office of an international AmLaw 200 law firm. Mr. Greenberg was before that a partner in several Miami law firms, and was a name partner in two of them.

Professional Affiliations

  • American Bar Association, Member
  • American Bar Association Life, Accident & Health Section, Member
  • American Bar Association Tort Trial and Insurance Practice Section, Member
  • American Bar Association Litigation Section, Member
  • DRI, Member
  • DRI Life, Health & Disability Section, Member

Honors & Awards

  • Super Lawyers List, Florida Super Lawyers, 2014 – 2015

Representative Matters

  • Rich v. Independent Life & Acc. Ins. Co., 451 So. 2d 894 (Fla. 3rd DCA 1984)
  • Finberg v. Herald Fire Ins. Co., 455 So. 2d 462 (Fla. 3rd DCA 1984)
  • Generali v. D’Amico, 766 F.2d 485, 1986 A.M.C. 1051 (11th Cir. Fla.)
  • Diaz by Rivas v. Sears, Roebuck & Co., 475 So. 2d 932 (Fla. 3rd DCA)
  • C.M. Life Ins. Co. v. Ortega through Ortega, 562 So. 2d 702 (Fla. 3rd DCA 1990)
  • Jumbo Nav., N.V. v. Melchior, 1991 WL 133552, 1991 A.M. C. 1518 (S.D. Fla. 1991)
  • Greenberg v. Mount Sinai Medical Center, Inc., 629 So. 2d 252 (Fla. 3rd DCA 1993)
  • Wiesenberg v. Paul Revere Life Ins. Co., 887 F. Supp. 1529 (S.D. Fla. 1995)
  • Brooks v. Blue Cross and Blue Shield of Florida, 1995 WL 931702 (S.D. Fla. 1995)
  • Brooks v. Blue Cross and Blue Shield of Florida, 116 F.3d 1364 (11th Cir. Fla. 1997)
  • Dinerstein v. Paul Revere Life Ins. Co., 173 F.3d 826 (11th Cir. Fla. 1999)
  • Zohar v. Paul Revere Life Ins. Co., 769 So. 2d 1047 (Fla. 3rd DCA 2000)
  • Damus, Ecker v. Paul Revere Life Ins. Co., 864 So. 2d 442 (Fla. 3rd DCA 2003)
  • Yale Galanter, P.A. v. Johnson, 2007 WL 2050990 (S.D. Fla. 2007)
  • Newman v. Equitable Life Assur. Soc., 46 So. 3d 1011 (Fla. 3rd DCA 2010)
  • Spievack v. Provident Life and Accident Ins. Co., 75 So. 3d 391 (Fla. 4th DCA 2011)

Presentations

  • "Use of Surveillance in Disability Claims," American Conference Institute, New York, New York, 2013
  • "Disability Claims Study Group," Tampa, Florida, 2005
  • "Psychiatric Testimony," Psychiatric Disability Claims Conference, Pensacola, Florida, 2004
  • "Case Law Update," Southeastern Claims Conference, New Orleans, Louisiana, 2002
  • "Trial Presentation of Claims Personnel," Eastern Claims Conference, New York, New York

Publications

  • "Use of Surveillance in Disability Claims," co-author, American Conference Institute, 2013
  • Florida Chapter of "Misrepresentation in the Life, Health and Disability Insurance Application Process: A National Survey," co-author, ABA Publishing, Joseph M. Hamilton, ed. 2009

Education

J.D., University of Florida Fredric G. Levin College of Law, 1979

B.A., cum laude, Harvard University, 1976

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