Stephanie A. Fichera

Stephanie Fichera's practice focuses on defending insurance carriers and financial services companies in class actions, complex civil litigation, and appeals in federal and state courts throughout the United States.

Stephanie represents life, annuity, and long-term care companies in litigation relating to sales practices and post-sale administration of insurance products, including actions involving breach of contract, fraud, bad faith, breach of fiduciary duty, statutory consumer protection, financial elder abuse, and RICO claims. She has handled interpleader actions and cases related to the payment of benefits under life insurance, annuity, and long-term care insurance contracts. Her experience also includes matters involving defamation, misappropriation of trade secrets, tortious interference, and wrongful termination claims by or against insurance sales agents, investment adviser representatives, and insurance company employees. Stephanie has defended financial services companies in industry arbitrations before the Financial Industry Regulatory Authority (FINRA). She also has experience representing insurance companies in wage and hour collective actions under the Fair Labor Standards Act (FLSA).

In addition to her work on behalf of life, annuity, and long-term care insurance carriers, Stephanie defends property and casualty insurers in class actions involving the construction of homeowners' policies, Florida's no-fault (PIP) statute, and the Medicare Secondary Payer Act.

Experience

Represented life insurer in FLSA misclassification action. Yoder v. Florida Farm Bureau, No. 22-11135, 2023 WL 3151107 (11th Cir. Apr. 28, 2023) (affirming summary judgment).

Represented life insurance and annuity company in defamation and tortious interference action brought by former agent. Hill v. Allianz Life Insurance Co. of North America, 51 F. Supp. 3d 1277 (M.D. Fla. 2014) (denying motion to remand); 2016 WL 872936 (M.D. Fla. Feb. 17, 2016) (granting summary judgment), aff'd, 693 F. App'x 855 (11th Cir. 2017); 2019 WL 932264 (M.D. Fla. Feb. 26, 2019) (awarding attorneys' fees to insurer).

Represented long-term care insurer in putative class action disputing construction of policy rider. Gelfound v. MetLife Insurance Co. of Connecticut, 313 F.R.D. 674 (S.D. Fla. 2016).

Represented insurer in discovery dispute in declaratory judgment action relating to benefits payable under a supplemental cancer insurance policy. Transamerica Life Insurance Co. v. Moore, 274 F.R.D. 602 (E.D. Ky. 2011).

Defended life insurance and annuity company in action involving a Florida statutory claim of financial elder abuse.

Speaking Engagements

"Stealing From Grandma: Hot Topics in Elder Abuse & Annuity Claims and Litigation," American Bar Association Tort Trial and Insurance Practice Section 44th Annual Midwinter Symposium on Insurance and Employee Benefits (January 12, 2018)

"Class Action Issues in Life and Disability Insurance," American Bar Association Tort Trial and Insurance Practice Section 42nd Annual Midwinter Symposium on Insurance and Employee Benefits (January 15, 2016)

Honors & Recognitions

Florida Rising Stars, Super Lawyers Magazine (2021–2023)

Most Effective Lawyers Award, Daily Business Review (2017)

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Professional & Community Involvement

Stephanie is a member of the American Bar Association's Tort Trial and Insurance Practice Section, where she chaired the Life Insurance Law Committee after serving as its vice chair, newsletter editor, and chair-elect, and later served as its technology vice chair. She is also a member of the Association of Life Insurance Counsel, DRI, and the Miami-Dade Bar, and is a graduate of Leadership Miami.

Stephanie is an assistant editor of Expect Focus, the firm's publication on the life, annuity, and retirement solutions industry. At the University of Miami School of Law, she served as articles and comments editor of the University of Miami Law Review.