Avery Dial focuses his practice on commercial, professional liability, insurance, intellectual property, product liability, and wrongful death litigation.
Avery defends and prosecutes business matters including breach of contract, civil theft, conversion, breach of warranties, statutory violations, fraudulent business practices, data privacy, and professional liability (including attorneys, directors and officers, and insurance brokers).
He litigates commercial and residential real estate matters including title claims, foreclosures, landlord tenant disputes, and breaches of contract on behalf of title insurers, banks, tenants, and property owners.
Representative Legal Matters
- Embroidme.com, Inc. v. Travelers Prop. Cas. Co. of Am., 2017 WL 74694 (11th Cir. 2017) – Affirmance of Summary judgment in favor of insurer where insured sought pre-tender defense costs incurred in underlying copyright infringement litigation.
- Lake v. State, 193 So. 3d 932 (Fla. 4th DCA 2016) – Obtained ruling, on behalf of an intervening television station, that sexually violent predator was not entitled to closure of his civil commitment review proceeding held pursuant to the Jimmy Ryce Act.
- United States Liability Insurance Company v. Kelley Ventures, 137 F. Supp. 3d 1312 (S.D. Fla. 2015) - Summary Judgment in favor of a Corporate Directors and Officers insurer where insured had written notice of the claim prior to the policy inception date and where claimant was a greater than ten percent shareholder of the insured
- Embroidme.com, Inc. v. Travelers Prop. Cas. Co. of Am., 992 F. Supp. 2d 1259 (S.D. Fla. 2014) – Summary judgment in favor of insurer where insured sought pre-tender defense costs incurred in underlying copyright infringement litigation.
- St. Paul Fire & Marine Ins. Co. v. Luke Ready Air, LLC, 880 F. Supp. 2d 1299 (S.D. Fla. 2012) – Summary judgment in favor of insurer finding that there was no coverage for a claim for the total loss of an airplane that was converted in the middle of a transaction before the insured obtained payment for the airplane. Also, the Court found that an endorsement in favor of a bank who held a mortgage on the aircraft did not require the insurer to pay the bank where there was no coverage for the loss of the airplane.
- Sterling Wholesale, LLC v. Travelers Indem. Co., 2012 U.S. Dist. LEXIS 89358 (S.D. Fla. May 29, 2012) – Finding improper venue, Federal Court dismissed suit against an insurer where insured was seeking coverage for an underlying suit involving claims of counterfeiting and trademark /trade dress infringement.
- Carline Joseph v. Sunny Plaza, Inc., 2006 WL 3894993, 06 FJVR 11-30 (Fla.Cir.Ct. June 01, 2006) – Defense verdict after a jury trial in favor of apartment complex owner in a wrongful death drowning case.
Professional Associations and Memberships
- The Florida Bar, Wm. Reece Smith, Jr. Leadership Academy
- The Florida Bar, Young Lawyers Division
- Hurricane Assistance Attorney
- Broward County Bar Association
- DRI, Cybersecurity Specialized Litigation Group of the Commercial Litigation Committee
- City of Fort Lauderdale Community Services Advisory Board 2004 - 2011
- City of Fort Lauderdale Aviation Advisory Board, 2011 - 2013
- The Florida Bar Grievance Committee “H” in the 17th Judicial Circuit
- Panelist, "Walking the Line Without Stepping Off- Is it Time for 'What's My Line' or 'Jeopardy'?", ALFA International Continuing Education Program, December 2017
- Speaker, "Data Breach and Privacy," University of Miami, Business Law for Entrepreneurs, March 2017
- Speaker, "Data Breach, Privacy, and Confidentiality," Broward County Bar Association 2016 Legal Malpractice Summit, October 2016
- Speaker, "Recent IP Malpractice Trends," 7th Annual IP Symposium, Business Law Section of The Florida Bar, April 2016
- Speaker, "Litigation Considerations for Entrepreneurs" and “Insurance Coverage for Government Investigations,” University of Miami, Business Law for Entrepreneurs, April 2015
- Panelist, "Tripartite Relationships: The Ethical and Practical Considerations for Parties involved in Tripartite Relationships," Claims Litigation Management Alliance Southern Chapter Educational and Networking Event, November, 2014
- Speaker, "The Life of an Insurance Coverage Breach of Contract Case," University of Miami, Introduction to Business Law, April 2014
- Speaker, "Considerations for Entrepreneurs from a litigator's perspective," University of Miami, Business Law for Entrepreneurs, April 2014
- Speaker, "Performance, Breach, and Discharge," University of Miami, Introduction to Business Law, April 2013
- Speaker, "Contract Remedies," University of Miami, Introduction to Business Law, April 2013
- Author, "Stuck in the 80s – Florida Statute 627.4265, a Legal Anachronism", JD Supra, March 23, 2018
- Co-Author with Rory Eric Jurman, “Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked.” Fowler White Burnett, P.A. Legal Alert, September 14, 2015, Republished by JD Supra Business Advisor, September 18, 2015
- Author, "The Basics of Net Neutrality – What 'You Oughta Know'", JD Supra Perspectives, March 23, 2015
- Co-Author with Rory Eric Jurman, "Undercover of the Night – Hacking, Data Breaches And The Terrorism Exclusion", Fowler White Burnett, P.A. Legal Alert February 11, 2015, Republished by JD Supra Business Advisor, February 12, 2015
- Co-Author with Rory Eric Jurman, "Land of Confusion: Insurance Coverage for Pre-Suit FCPA Investigation Costs Under D&O Liability Policies," Fowler White Burnett, P.A. Legal Alert, August 12, 2014
- Co-Author with Michael A. Monteverde, "Will Heartbleed Affect Data Breach Insurance Coverage?" JD Supra Business Advisor, April 15, 2014