Krista Fowler Acuña is a Partner in the firm’s Miami office. Krista is a highly skilled, veteran litigator representing clients in state and federal court in the areas of admiralty and maritime, transportation, general liability, product liability (consumer, industrial, and marine), construction (commercial, construction defect and contractor liability), insurance coverage, and appeals. She has tried bench and jury trials in Florida and nationally. Her coverage experience includes first and third party policies (property, CGL, marine and E&O), coverage review and analysis, declaratory judgment litigation, bad faith, and breach of good faith and fair dealing claims. Krista also counsels her clients on the drafting of insurance policy language, warranties, contracts, distribution agreements, as well as advertising review and drafting for compliance with state and federal warranty law.
Krista represents clients in a wide range of industries, including domestic and London market insurers and Fortune 100 to 500 corporations in the marine, transportation, hospitality, retail, construction, and manufacturing industries.
Krista’s significant experience in a litigation management role with her domestic and London market clients includes oversight of deadline compliance, budget and reserve recommendations, and quarterly file audits. She is an experienced supervising partner responsible for oversight of case strategies, attorney productivity, budget review, work product and billings.
Krista is a sought-after speaker and author by industry and professional associations and clients in her practice areas and litigation management. She is an active member of the Claims & Litigation Management Alliance (CLM), where she earned the CLMP designation, and the Defense Research Institute. Krista has become heavily involved and influential in the development of litigation management best practices via CLM. She is a Certified Litigation Management Professional (CLMP) ™ and has been awarded the Litigation Management Institute Certificate™.
J.D., cum laude, 2003, University of Miami School of Law
B.A., 1999, Indiana University
• Obtained a set aside of a $3 million fraudulent settlement after a 2-week long evidentiary hearing.
• Final summary judgment in favor of an FDOT consultant in personal injury claim involving traumatic brain injury and severe facial trauma
• Final summary judgment finding no coverage in favor of a London underwriter in maritime collision resulting in 3 deaths and 1 injury
• 110% subrogation recovery for London underwriters, including full claim payment plus attorney fees, arising from total loss of a yacht from fire.
• Obtained dismissal with prejudice of several wrongful death claims on basis of application of Death on the High Seas Act.
• Negotiated the voluntary “walk away” and abandonment of potential $8 million subrogated cargo claim related to commercial cargo vessel loss.
• Final summary judgment of no coverage in favor of London underwriter in Texas dec action involving fraudulent loss of yacht by fire.
• Negotiated the voluntary “walk away” and abandonment of yacht insurance claim following pre-suit investigation and EUO.
• Nuisance settlement achieved for FDOT consultant following filing of MSJ on immunity and opposition to motion for punitives, in severe motorcycle accident case.
• Acceptance of $3,000 nuisance PFS in familial discrimination lawsuit following filing of MSJ.
• Negotiated nominal settlement on behalf of contractor in a $5 million property and economic loss lawsuit from Miami International Airport fuel farm explosion.
• Nuisance settlement of passenger back injury claim following investigation of deleted social media and resulting Motion for Fraud and Spoliation.
- Florida, 2003
- United States District Court for the Southern and Middle Districts of Florida
Memberships & Recognition
- Claims & Litigation Management Alliance (CLM), CLMP Designation
–Products Liability Subcommittee
–Construction Litigation Subcommittee
–2012 Women’s Forum Steering Committee
–2013 Annual Conference, Young Professionals Networking Event
- Defense Research Institute, Member
–Products Liability Subcommittee
–Trial Tactics Subcommittee
–Women in the Law Subcommittee
- Florida Association for Women Lawyers
- National Association of Minority and Women Owned Law Firms (NAMWOLF)
“Thieves in the Night: Issues and Trends in Cargo Theft,” CLM Annual Conference Roundtable Presentation (2017)
“Latent Defects: New Technology through the Looking Glass of Old Law,” Ft. Lauderdale Mariner’s Club Seminar (2016)
“New Critical Coverage Issues in Product Liability Claims,” CLM Annual Roundtable Presentation (2015)
“Fire and Explosion Investigations,” IUA Presentation, London (2014)
“Bringing Experts Into the Fold of Litigation Management:
Can It Be Done?” CLM Annual Conference Roundtable Presentation (2014)
“Port of Calm: Issues in Risk and Claim Management for the Port Industry,”
CLM Transportation Conference, Cleveland (June, 2013)
“Cyber Insurance- Risks, Coverage & Adjustment,” Loss Executives Association Mini-Conference, Philadelphia
“Responding to Large Loss Claims: a Claims, Expert, and Counsel Perspective,” CLM Mini-Event, Atlanta (February, 2013)
“Major Casualty Response and Investigation: the First 90 Days,” CLM Annual Conference, San Diego (2012) (Roundtable Presenter)
“Products Liability for Auto Adjusters,” Mercury Insurance (2012)
- Author: “The Eastern District of Texas Lays the Ground for More Expansive ESI Discovery Sanctions,” Sidebar, Federal Bar Association (Spring 2012)
- Author: “Small Business Owners Making Big Business Damages Claims: Defending Lost Earning Capacity Claims,” Defense Research Institute, For the Defense (2012)
- Contributor: Florida Legislative Update, Defense Research Institute, The Voice (2012)
- Author: “The Idiosyncratic or Unusually Susceptible Plaintiff: Strategies for Successful Defense,” Defense Research Institute, For the Defense, Winter Issue (2011)