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Pedro Hernandez focuses his practice in the areas of insurance coverage litigation, commercial litigation, and construction litigation law. In addition, Mr. Hernandez represents insurers in commercial class actions in multidistrict litigation courts throughout the country. He has defended various carriers in MDL 2047 pertaining to Chinese drywall products liability litigation. Mr. Hernandez has tried several cases through verdict.

Mr. Hernandez also litigates complex commercial matters, including disputes involving Fortune 100/500 companies.

He represents owners, general contractors, construction managers and design professionals in all aspects of the construction process.

Professional Background

Mr.Hernandez joined Hinshaw & Culbertson LLP in August 2007. Prior to joining Hinshaw, Mr. Hernandez worked for a construction law national firm. In addition to his practice, Mr. Hernandez serves as a member of the firm’s Mentoring Committee and Hinshaw’s Hispanic Network.

Professional Affiliations

  • Cuban-American Bar Association
  • Dade County Defense Bar Association
  • Dade County Bar Association, Member of the Young Lawyers Division

Honors & Awards

  • Recognized as a "Rising Star" by Florida Super Lawyers magazine (2014 & 2015)

Representative Matters

Mr. Hernandez practices throughout the United States, but focuses particularly in the Southeastern region. A sample of his cases/decisions includes:

  • Tarragon Stoneybrook Apartments, LLC v. Summit Contractors, Inc., et al, in the Circuit Court of the Ninth Judicial Circuit and for Orange County, Florida. Case Number 2006-CA-010888 (Div. 32-- Business Court) (vacated a $10 million dollar ($13 million dollars with interest) judgment against insured and national carrier)

  • Trovillion Construction & Development, Inc. v. Mid-Continent Casualty Company and Casa Jardin Condominium Association, Inc., 2014 WL 201678 (MD Florida, January 17, 2014) (no coverage for a $1.8 million consent judgment for failure to allocate)
  • Vintage Properties, Inc. et al., v. Mid-Continent Cas. Co., United States District Court, Middle District of Florida. Case No. 10-CV-80836-PAS (summary judgment on behalf of the carrier based on the pollution exclusion barring coverage for Chinese drywall damages)
  • Chinese Manufactured Drywall Products Liability Litigation (E.D. La. MDL No. 2047) (represented two major carriers in the litigation and in the $1 billion global settlement)
  • Hermitage Ins. Co. v. Jack L. Hamilton Constr., Inc., Twentieth Judicial Circuit, Lee County, Florida, Case No. 08-CA-023245 (motion to dismiss, with prejudice, in favor of the carrier based on designated work exclusion)
  • Mark Scherer, D.C., P.A., a/a/o Adrienne Gadson v. Bristol West, Palm Beach County Case No. 50-2006-SC-008811. (summary judgment on behalf of the carrier holding it properly exercised its right to cancel the policy for late payment despite the carrier’s history of prior reinstatements)

Presentations

"Hot Topics in Florida Insurance Coverage" ABA Section of Litigation Insurance, Coverage Litigation Committee, May 2013.

"Proving Covered Damages: Litigating Construction Defect Cases Following Pozzi Windows and Auchter," ABA Litigation Section Presentation, Coral Gables, Florida, May 2013.

Publications

Mr. Hernandez has researched and edited a number of publications, including “Case Note: Rights and Accountability in Development (Raid) v. Das Air, Global Witness v. Afrimex: Small Steps Toward an Autonomous Transnational Legal System for the Regulation of Multinational Corporations,” by Larry Catá Backer, Melbourne Journal of International Law, March 28, 2009; and “Multinational Corporations as Objects and Sources of Transnational Regulation,” 14 ILSA Journal of International & Comparative Law.

Author of "Florida Courts Rejecting Prejudice as a Matter of Law in Certain Late Notice Cases," Hinshaw Insurance Coverage Alert, July 26, 2011

Hinshaw Publications

Community/Civic Activities

Mr. Hernandez performs a substantial amount of pro bono work for the South Florida community.

Education

J.D., The Pennsylvania State University, The Dickinson School of Law, 2006

B.A., History, Ramapo College of New Jersey, 2003

Admissions

Languages