Andrew Daechsel

Andrew Daechsel is a litigator and counselor with a focus on the insurance industry. He is often called upon to represent insurers in connection with complex matters involving significant amounts in controversy. He represents insurers in lawsuits involving coverage disputes as well as allegations of bad faith and fraud. He also provides pre-suit coverage advice and serves as monitoring counsel for insurers. Andrew has experience representing both primary and excess insurers in matters involving a broad range of policies, including cyber, media, technology, directors and officers, professional liability, employment practices liability, commercial general liability, commercial property (including business interruption), and homeowners.

In addition to his work in the insurance industry, Andrew has represented clients in a variety of commercial litigation matters, including business disputes, financial services litigation, and patent litigation.

Insurance

• Obtained judgment on the pleadings for insurer in putative nationwide class action lawsuit seeking coverage under commercial property insurance policies for purported business interruption losses allegedly sustained in connection with the COVID-19 pandemic. Cafe Int'l Holding Co. v. Westchester Surplus Lines Ins. Co., No. 1:20-cv-21641, 2021 WL 1803805 (S.D. Fla. May 4, 2021), aff’d, No. 21-11930, 2022 WL 1510441 (11th Cir. May 13, 2022).
• Obtained judgment on the pleadings for insurers in lawsuits seeking coverage under commercial property insurance policy for purported business interruption losses allegedly sustained in connection with the COVID-19 pandemic. Walsh Haupt & Assocs., Inc. v. Westchester Surplus Lines Ins. Co., No. 2:21-cv-00265, ECF No. 46 (M.D. Fla. Mar. 4, 2022); Ice House Pub, Inc. v. Westchester Surplus Lines Ins. Co., No. 2:21-cv-00264, 2021 WL 3169151 (M.D. Fla. July 26, 2021); Fontainebleau Fla. Hotel LLC v. Westchester Surplus Lines Ins. Co., No. 2021-016874-CA-01 (Fla. Cir. Ct. June 25, 2023).
• Obtained dismissal with prejudice of lawsuit against insurers seeking coverage under commercial property insurance policy for purported business interruption losses allegedly sustained in connection with the COVID-19 pandemic. AE Mgmt., LLC v. Ill. Union Ins. Co., No. 1:20-cv-22925, 2021 WL 827192 (S.D. Fla. Mar. 4, 2021).
• Obtained dismissal of lawsuit against insurer seeking coverage under employment practices liability policy based on plaintiffs’ failure to comply with policy’s pre-suit ADR provision. Robinson v. Nat'l Union Fire Ins. Co. of Pittsburgh, No. 9:19-cv-81584 (S.D. Fla. Dec. 20, 2019).

Other Industries

• Represented foreign alcoholic beverage distributor in contract dispute with foreign supplier.
• Represented cooking equipment company in patent infringement lawsuit against competitor.
• Represented four whistleblowers in qui tam lawsuit alleging for-profit university defrauded U.S. government out of hundreds of millions of dollars in student loan/grant funds.
• Represented mortgage loan servicer in appeals and state and federal court litigation involving alleged violations of consumer protection statutes and contested foreclosure matters.

• The Best Lawyers in America: Ones to Watch, Commercial Litigation, Insurance Law (2021–2024)
• Florida Rising Stars, Super Lawyers Magazine (2023)

• Greater Miami Chamber of Commerce
  • Leadership Miami, Class XLII (2020–2021)
• United Way of Miami-Dade

• Associate, Wargo French LLP, Miami, FL (2015–2018)