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Benjamin E. Stearns
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Benjamin E. Stearns

Benjamin E. Stearns

Associate
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Overview

Benjamin Stearns counsels insurance industry clients on regulatory, compliance, and transactional matters and defends insurers in coverage litigation. His practice extends to other regulated industries as well, providing licensing and compliance counsel to professional services, cannabis, and alcohol industry clients. He also lobbies the Florida executive branch and legislature.

Benjamin’s notable prior engagements include representing the state of Florida in an original action against Georgia in the U.S. Supreme Court over the apportionment of the waters in the Chattahoochee-Flint-Apalachicola river system. His work has led to presentations on the SAFETY Act, a government program designed to promote the development of anti-terrorism technologies, and statutory and municipal diversity and social equity programs in the marijuana industry, among others. He has written extensively on insurance coverage matters, alternative dispute resolution, and cannabis law.

Featured Insights

District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act
Reinsurance

District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act

Blog
Court Holds the ACA and Implementing Regulations Do Not Preempt State Creditor Priority Laws in Reinsurance Debt Dispute
Reinsurance

Court Holds the ACA and Implementing Regulations Do Not Preempt State Creditor Priority Laws in Reinsurance Debt Dispute

Blog
Texas Federal Court Finds Law Firm’s Alleged 40,000 Unauthorized Claims Related to Deepwater Horizon Disaster Were Not “Professional Services” Triggering Duty to Defend
Property & Casualty Insurance

Texas Federal Court Finds Law Firm’s Alleged 40,000 Unauthorized Claims Related to Deepwater Horizon Disaster Were Not “Professional Services” Triggering Duty to Defend

Blog

Featured Insights

District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act
Reinsurance

District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act

Blog
Court Holds the ACA and Implementing Regulations Do Not Preempt State Creditor Priority Laws in Reinsurance Debt Dispute
Reinsurance

Court Holds the ACA and Implementing Regulations Do Not Preempt State Creditor Priority Laws in Reinsurance Debt Dispute

Blog
Texas Federal Court Finds Law Firm’s Alleged 40,000 Unauthorized Claims Related to Deepwater Horizon Disaster Were Not “Professional Services” Triggering Duty to Defend
Property & Casualty Insurance

Texas Federal Court Finds Law Firm’s Alleged 40,000 Unauthorized Claims Related to Deepwater Horizon Disaster Were Not “Professional Services” Triggering Duty to Defend

Blog

All Insights

07.21.2021
District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act
06.28.2021
Court Holds the ACA and Implementing Regulations Do Not Preempt State Creditor Priority Laws in Reinsurance Debt Dispute
06.11.2021
Texas Federal Court Finds Law Firm’s Alleged 40,000 Unauthorized Claims Related to Deepwater Horizon Disaster Were Not “Professional Services” Triggering Duty to Defend
06.08.2021
Private Employment Arbitration Agreement Not Binding on Secretary of Labor When Bringing an Enforcement Action on Behalf of One Party to Agreement Against the Other
05.12.2021
Ninth Circuit Compels Investment Banker to Arbitrate Statutory Employment Discrimination and Civil Rights Claims Despite Assumption That 'Knowing Waiver' Doctrine Applied to Claims
04.20.2021
Fourth Circuit Enforces Arbitration Agreement’s Waiver of Appellate Review
04.01.2021
Gov. DeSantis Signs COVID-19 Business Liability Protection Bill Into Law
03.31.2021
Court Confirms “Baseball Arbitration” Award, Finds Party Alleging Unfairness Was Caught Looking When It Failed to Object
03.30.2021
Gluing Feathers to a Phone Does Not Make a Turkey: Seventh Circuit Finds Mere “Negligence” Label and “Stitched Together” Factual Allegations Do Not Trigger Duty to Defend Aggressive Robocall Lawsuit
03.08.2021
Ninth Circuit Affirms Removal to Federal Court and Order Compelling Arbitration, Construing Forum Selection Clause and Scope of Arbitration Agreement
03.03.2021
COVID-19 Economic Stimulus Programs: Different Countries, Similar Programs
Business Law Today
01.28.2021
Florida Legislation Protects Businesses From COVID-19 Lawsuits
12.08.2020
Parsing the Sometimes Fine Distinction Between a Broad and a Narrow Arbitration Clause
11.18.2020
California Federal Court Holds Professional Services Policy Issued to FedEx Covered Acts of Self-Service Kiosks’ Physical Printing of Receipts
11.17.2020
Determination of Valid Arbitration Agreement May Be Dependent on “Outward Manifestations and Circumstances Surrounding the Transaction”
10.27.2020
Court Denies Motion To Compel Arbitration and To Appoint Arbitrators Where Parties Had Agreed To Arbitrate and There Was No Impasse
10.07.2020
Arbitration Award In Favor Of Major League Baseball Confirmed As Southern District Of New York Bats Telemicro’s Challenges Away
09.15.2020
Court Affirms FINRA Arbitration Award to Charles Schwab, Finding No Evident Partiality or Other Arbitrator Misconduct
09.15.2020
Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out
08.26.2020
Unopposed Motions to Confirm Arbitration Awards Are Treated As Motions for Summary Judgment
08.24.2020
Denied: Pro Se Litigant’s Petition to Confirm Arbitration Award He Rendered Against Republican National Committee
08.03.2020
€643 Million Arbitration Award Was Within Arbitration Panel’s Power to Award and Not a Result of Manifest Disregard of the Law
07.13.2020
Ninth Circuit Finds No Coverage Under Advertising Liability Policy for Walmart’s Floor Display of Goods and Services Supplied by Insured Apparel Vendor
07.13.2020
Determining Whether “Clickwrap Agreement” Provides “Reasonable Notice” of an Arbitration Agreement Is a Fact-Intensive Inquiry
06.22.2020
Court Denies Vimeo’s Motion to Compel Arbitration of Purported Class Action Claims Under Illinois Biometric Information Privacy Act
06.01.2020
Split Decision in the Ninth Circuit: Two Non-Signatory Defendants Can Compel Arbitration Based on Equitable Estoppel, One Cannot
05.15.2020
The Chronicle: American Adult-Use Marijuana Laws - Other Licenses
05.11.2020
District Court Orders Insurer in Receivership to Arbitrate With Reinsurers, Rejecting Argument That Jurisdiction Rests With Receivership Court and That McCarran-Ferguson Act Preempts FAA
05.01.2020
Conflict Within the Southern District of Florida: Should the Primary Jurisdiction Doctrine Be Applied to Stay Class Actions Relating to CBD?
04.24.2020
The Chronicle: American Adult-Use Marijuana Laws - Retail Licenses
04.24.2020
Eighth Circuit Enforces Contract Liability Exclusions to Bar Contract Claims, Regardless of Non-Contractual Cause of Action in Complaint
04.24.2020
New Funds Available Under the Small Business PPP and EIDL Programs
04.20.2020
Court Confirms Arbitration Award Against Parties Who Failed to Attend Arbitration
04.10.2020
The Chronicle: American Adult-Use Marijuana Laws - Health and Safety
04.09.2020
Federal Reserve Moves to Assist Larger Businesses
03.31.2020
Small Business Administration Loans Summary Under the CARES Act
03.30.2020
Second Circuit Upholds Injunction Against Arbitration Based on Prior Singaporean Judgment
03.27.2020
Coronavirus State Insurance Regulatory Developments
03.25.2020
The Chronicle: American Adult-Use Marijuana Laws - Cultivation Licenses
03.25.2020
Who Is in Charge? A Pandemic Primer on Government Authority
03.09.2020
“Grossly Excessive” Arbitration Award Overturned Due to “Evident Material Miscalculation”
03.04.2020
The Chronicle: American Adult-Use Marijuana Laws - Licensing
02.20.2020
Former Employees Not Bound by Their Former Union’s Arbitration Agreement
02.18.2020
The Chronicle: American Adult-Use Marijuana Laws - Regulator
02.17.2020
The Chronicle: American Adult-Use Marijuana Laws
01.28.2020
Eighth Circuit Reinstates Arbitration Award Stemming From Federal Crop Insurance Policy
01.07.2020
Court Stays CBD Class Action Until FDA Rolls Out Regulation
12.18.2019
Court Finds No Manifest Disregard of the Law or Exceeding of Powers in Upholding Arbitration Award Related to Dispute Over Earn-Out Payment
11.07.2019
Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial
10.17.2019
Ninth Circuit Reverses Dismissal of Case Involving Foreign Arbitration Award Based on Comity for French Appellate Ruling and Quasi in Rem Jurisdiction
09.24.2019
Ninth Circuit Affirms Confirmation of Arbitration Award, Finding Plaintiffs Failed to Show Prejudice From Denial of Discovery
09.05.2019
First Circuit Affirms Denial of Vacatur of Arbitration Award, Rejects Arguments That Parties Opted Out of FAA and Arbitrator Erred
08.27.2019
National Credit Union Administration Gives Credit Unions the Green Light to Serve Lawfully Operating Businesses
08.20.2019
Five Federal Financial Agency Heads Issue Letters Regarding Provision of Financial Services to the Hemp Industry
Canna We Talk Cannabis? Blog
08.14.2019
Fifth Circuit Determines That Louisiana Nonresident Attachment Statute Allows for Attachment in Aid of Arbitration
07.24.2019
Court Refuses to Treat Unopposed Petition to Confirm Arbitration Award as a Motion for Default Judgment, Reviews the Merits of the Petition, and Enters Order Confirming the Award and Legal Fees
07.10.2019
Florigrown v. DOH: Florida’s Vertical Integration Requirement for Medical Marijuana Licensees Held Unconstitutional
07.01.2019
Court Compels Arbitration Under the New York Convention and Dismisses Case in Windstorm Insurance Claim Dispute
06.11.2019
Confidential Reinsurance Agreement Made Public After Party Failed to Show Good Cause for Maintaining Confidentiality
05.21.2019
Eleventh Circuit Finds Removal Jurisdiction Is Included Within Federal Subject-Matter Jurisdiction Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
05.14.2019
With All Eyes on "Implementation" of Amendment 4, Senate Bill 7066 Makes Significant Additional Changes to Florida Election Laws in Response to the 2018 Election
04.29.2019
Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator and Foreign Reinsurer
04.08.2019
Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a “Foreign or International Tribunal”
03.21.2019
English Court Enjoins Washington State Court Action in Favor of Arbitration in London
11.09.2018
SEC-ordered Disgorgement is an Uninsurable “Penalty,” not a Covered “Loss”
11.07.2018
Florida Election Recounts – Again
10.17.2018
Florida Insurance Commissioner Issues Hurricane Michael Emergency Order
09.12.2018
New Mexico Adopts NAIC Credit for Reinsurance Model Regulation
09.10.2018
Eleventh Circuit Reverses Sanction Imposed Against Party That Defaulted in Arbitration to Determine Whether Party Acted in Bad Faith
08.23.2018
National Flood Insurance Program Extended to November 30, 2018
08.21.2018
Minority Shareholders Utilize 28 USC § 1782 to Issue Subpoenas in Aid of Criminal Action They Plan to File Against Company Director in Luxembourg
07.11.2018
Texas Department of Insurance Proposes Regulations Implementing Reduced Collateral Credit for Reinsurance Law Passed by Texas Legislature in 2017
07.09.2018
New Federal Law Aims To Increase Transparency Of International Insurance Standard-Setting Bodies
06.18.2018
Court Applies Arbitration And Continued Performance Provisions Of One Contract To A Separate Performance Guaranty Agreement
05.31.2018
Minnesota Implements The 2011 NAIC Credit For Reinsurance Model Law And Regulations
05.29.2018
Supreme Court Upholds Employee Individualized Arbitration Agreements Against Challenges Based On The National Labor Relations Act
05.10.2018
Tax Counsel Ordered To Produce Documents Related To Odyssey Reinsurance’s Continuing Quest To Collect $3.2 Million Default Judgment Against Richard And Diane Nagby
05.08.2018
Decade-Long Battle Between Policyholder, Reinsurer, And Retrocessionaire To Continue As Reinsurer Files Notice Of Appeal
04.18.2018
West Virginia Amends Credit For Reinsurance Statute To Conform To NAIC Model, Effective January 1, 2019
04.16.2018
Court Applies The “Intertwined-Ness Test” To Find That A Non-Signatory Could Invoke Equitable Estoppel To Compel Arbitration
03.30.2018
Delegation Clause Must Clearly Contemplate Arbitrability of Disputes With Non-Signatories to Be Enforced in Those Disputes
03.27.2018
The FAA’s Presumption in Favor of Arbitration Does Not Require Arguable Ambiguities in Arbitration Agreements to Be Interpreted as “Broadly as Possible”
03.23.2018
Objection, Interrupted
03.07.2018
Arbitration Agreement Selecting Maryland Law Held Unenforceable as to Private Attorney General Claims Brought Under California Law
03.05.2018
Participation in Litigation to Avoid a Default Judgment Does Not Waive a Party’s Right to Compel Arbitration
02.26.2018
When Relying on a Prior Acts Exclusion to Deny Coverage, Be Sure to Connect the Dots
02.14.2018
Wyoming Enacts Legislation and Adopts New Regulations Governing Credit for Reinsurance and Term and Universal Life Insurance Reserve Financing
02.12.2018
Insurance Receiver’s Preemption Argument Under McCarran-Ferguson Fails to Avoid Arbitration of Reinsurance Dispute
01.22.2018
The Federal Arbitration Act Does Not Grant Arbitrators the Power to Compel Pre-Hearing Production of Documents From Non-Parties
01.05.2018
Insurer’s Attempt to Shield Documents From Discovery Through Assertion of the Mediation Privilege and a Relevancy Objection Is Unavailing
01.04.2018
Ninth Circuit: Unconscionability Arguments Directed Solely at Class Action Waiver Provisions in Arbitration Agreements Are Foreclosed by Concepcion
12.14.2017
The Allegation of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration of Individual Claims Raised Simultaneously
12.12.2017
Iowa and Virginia Insurance Regulators Adopt the NAIC’s Term Model Rules Governing Term and Universal Life Insurance Reserve Financing
11.24.2017
Odyssey Reinsurance Obtains $3.2 Million Default Judgment and Injunctions Stemming From Fraudulent Transfers Made by Underwriter
11.22.2017
Long-Time Reinsurance Attorney Ruled Not Qualified to Arbitrate 9/11 World Trade Center Reinsurance Dispute
10.12.2017
Procedural Arbitrability Questions Are for the Arbitrator, Not the Judge, Unlike Substantive Arbitrability Questions
10.10.2017
Applied Underwriters, Inc., Loses Argument to Enforce Mandatory Forum Selection Clause in Reinsurance Contract
09.21.2017
Lender-Affiliated Captive Reinsurer Obtains Dismissal of Mortgage Insurance Lawsuit Brought by Illinois Director of Insurance
09.19.2017
Seventh Circuit Affirms Dismissal of Post-Liquidation Reinsurance Claim as Time-Barred
08.30.2017
State Contract Law Governs Which Parties May Enforce an Arbitration Agreement
08.28.2017
CFPB Issues Final Rule Prohibiting Class Action Waiver Arbitration Agreements in Certain Consumer Financial Contracts
08.10.2017
Georgia Revamps Law Governing Captive Insurance Companies
08.08.2017
Eleventh Circuit Defers to Arbitrator’s Interpretation of Forum Selection Clause in International Dispute and Affirms Award
08.01.2017
New Florida Law Addresses Time for Filing Corporate Tax Returns
05.03.2017
In Florida, House Bill 805 Will Likely Allow Insurance Policy Transfers
08.04.2016
SUN Trail-oriented Development: Capitalizing on Florida's Newest Attraction
07.13.2016
Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process
06.24.2016
SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

Professional & Community Involvement

  • American Bar Association
    • Vice Chair, Government Operations and Liability Subcommittee

Speaking Engagements

  • "Legal Liabilities Series: The SAFETY Act and Civil Liability Principles," McCain Institute (April 13, 2021)
  • "Cannabis & Regulating Social Equity," ABA Section of State and Local Government Law Annual Meeting (July 22, 2020)

Credentials

Education
  • Florida State University College of Law (J.D., cum laude, 2013)
  • University of Florida (M.A., 2010)
  • University of Miami (B.A., 2006)
Bar Admissions
  • Florida
Court Admissions
  • U.S. District Court, Northern District of Florida
  • Florida State Courts

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