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    Patricia McLean headshot

    Patricia A. McLean

    Partner

    Tampa
    London
    813-472-7560
    patricia.mclean@phelps.com
    Areas Of Focus
    Insurance

    Patricia McLean practices in the areas of complex insurance coverage, litigation and counseling matters. This includes counseling and advising insurers regarding exposure for insurer “bad faith” in property and liability claims and advising liability insurers regarding resolving multiple claims against insureds arising from casualty losses. She exclusively represents insurers and their agents.

    Patricia advises insurance clients and represents them in state and federal courts in Florida, including appellate courts, in complex third-party coverage matters arising under commercial general liability, commercial auto, premises liability, environmental, specialty lines and professional liability policies. She provides advice and litigates liability coverage matters for insurers involving issues such as the duty to defend and coverage for work-related injuries, assault and battery, construction defects, defamation and products liability. She also advises liability insurers regarding settlement demands made by claimants and exposure and best practices in multiple-claimant situations where the available insurance coverage is limited.

    She also represents and advises property insurers regarding complex first-party coverage and defense matters arising under homeowners, commercial property, commercial auto, builders risk, catastrophe and other property insurance policies, including windstorm and water damage claims and claims involving incendiary fires, fraud, vandalism, theft, business interruption, collapse and appraisal.

    Patricia regularly advises and represents surplus lines insurers and their managing agents regarding Florida regulatory and compliance matters and Florida surplus lines insurance issues, including defending surplus lines insurers in class action litigation.

    Patricia also serves on the firm's Diversity and Inclusion Committee.

    She also represents and advises property insurers regarding complex first-party coverage and defense matters arising under homeowners, commercial property, commercial auto, builders risk, catastrophe and other property insurance policies, including windstorm and water damage claims and claims involving incendiary fires, fraud, vandalism, theft, business interruption, collapse and appraisal.

    Patricia regularly advises and represents surplus lines insurers and their managing agents regarding Florida regulatory and compliance matters and Florida surplus lines insurance issues, including defending surplus lines insurers in class action litigation.

    Patricia also serves on the firm's Diversity and Inclusion Committee.

    Experience

    • Secured defense judgment for excess property insurer in COVID-19-related business interruption suit filed in New Hampshire state court by owners of 23 hotels across New Hampshire, Massachusetts and New Jersey, including in an interlocutory appeal, where the state Supreme Court held the presence of the virus in air or on surfaces did not cause direct physical loss or damage under the policy.
    • Innovak International, Inc. v. The Hanover Insurance Co., 280 F. Supp. 3d 1340 (M.D. Fla. 2017).
    • Scottsdale Insurance Co. v. Outrigger Beach Club Condo. Ass’n, Inc., et al., Case No. 6:17-cv-61-Orl-28TBS, 2018 U.S. Dist. LEXIS 128429 (M.D. Fla. Jan. 5, 2018).
    • Lemy, et al. v. Direct General Finance Co., et al., Case No.: 8:11-cv-2722-T-23AEP; 884 F. Supp. 2d 1236, 885 F. Supp. 2d 1265 (M.D. Fla. 2012),aff’d on appeal at 559 Fed. Appx. 796 (11thCir. 2014).
    • Laurel v. Cotton States Mut. Ins. Co., Case No. 5:16-cv-284-RH/GRJ, 2017 U.S. Dist. LEXIS 21557 (N.D. Fla. 2017).
    • Scottsdale Insurance Co. v. CB Entertainment, et al., Case No. 11-22838-CIV-SEITZ, 2012 WL 2412154 (S.D. Fla. June 26, 2012),aff’d on appeal at 559 Fed. Appx. 796 (11thCir. 2014).
    • Clena Investments, Inc. v. XL Specialty Insurance Co., Case No. 10-cv-62028-RNS (S.D. Fla.); 2012 WL 1004851 (S.D. Fla. Mar. 26, 2012); 280 F.R.D. 653 (S.D. Fla. 2012).
    • Scottsdale Insurance Co. v. GFM Operations, Inc., et al., Case No. 10-20204-CIV-KING (S.D. Fla.); 789 F. Supp. 2d 1278 (S.D. Fla. 2011).
    • Clena Investments, Inc. v. XL Specialty Insurance Co., Case No. 10-cv-62028-RNS (S.D. Fla.); 2012 WL 1004851 (S.D. Fla. Mar. 26, 2012); 280 F.R.D. 653 (S.D. Fla. 2012).
    • Scottsdale Insurance Co. v. GFM Operations, Inc., et al., Case No. 10-20204-CIV-KING (S.D. Fla.); 789 F. Supp. 2d 1278 (S.D. Fla. 2011).

    Insights

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    • August 17, 2023

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    • August 18, 2022

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    • June 24, 2022

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    • June 24, 2021

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    • August 28, 2020

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    Recognition

    • Florida Super Lawyers list, Super Lawyers (2014-2022)
    • Insurance Law, The Best Lawyers in America (2023-2025)
    • Florida Super Lawyers list, Super Lawyers (2014-2022)
    • Insurance Law, The Best Lawyers in America (2023-2025)

    Education

    • Loyola University New Orleans College of Law, J.D., magna cum laude, 1997
    • Vanderbilt University, B.A., Modern Interdisciplinary European Studies, 1990
    • Loyola University New Orleans College of Law, J.D., magna cum laude, 1997
    • Vanderbilt University, B.A., Modern Interdisciplinary European Studies, 1990

    Credentials

    • Florida
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Southern District of Florida
    • Florida
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Southern District of Florida

    Memberships and Affiliations

    • The Florida Bar
    • The Florida Bar
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

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