Acuña, Krista Fowler - Hamilton Miller & Birthisel

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KRISTA FOWLER ACUÑA

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Krista Fowler Acuña is a Partner in the firm’s Miami office. She has been nominated as Best Lawyers® in Admiralty and Maritime Law, consistently from 2019 through 2023, and is a Fellow of the Litigation Counsel of America. Krista is a highly skilled, veteran litigator representing insurance companies and insureds in state and federal court in all aspects of admiralty and maritime including defense of bodily injury and wrongful death matters, Jones Act crew disputes, property damage, salvage, pollution, product liability, insurance coverage, and maritime contract drafting and disputes. Krista’s coverage experience focuses on first and third party marine policies (hull and machinery, protection & indemnity, MGL, SRLL, cargo, and inland marine), including marine excess and bumbershoot policies. Her coverage experience is expansive and includes litigated coverage disputes (declaratory judgments, breach of contract, good faith and fair dealing, and extracontractual claims) as well as coverage evaluations, opinions, and civil remedy notices and department of insurance complaints. Krista also counsels her clients on the drafting of marine insurance policy wording, warranties, purchase agreements, crew agreements, liability waivers for watersports, as well as advertising review and drafting for compliance with state and federal warranty law.

Krista has tried cases to verdict in jury trials and bench trials in Florida state court and federal courts in multiple districts of the U.S.; as well as arbitrations through the SMA and ICDR. She has also been accepted and testified as an expert witness in the field of marine insurance.

Krista represents clients in a wide range of industries, including domestic and London market insurers and private corporations in the marine, transportation, and manufacturing industries.

Krista is a sought-after speaker and author by industry and professional associations and clients in her practice areas and litigation management. She is a Certified Litigation Management Professional (CLMP) ™ and has been awarded the Litigation Management Institute Certificate™.

HONORS

PRACTICE AREAS

Admiralty and Maritime
Insurance Coverage
Insurance & Extracontractual Litigation
Contract Drafting and Disputes

Education

J.D., cum laude, University of Miami School of Law. 2003

B.A., double major, Indiana University, 1999

Experience

Won Significant Summary Judgement for London Underwriter on Cargo Policy that was Entirely Untested in the US Courts
Won Summary Final Judgment in Favor of Lloyds’ Syndicates in Disputed $1.5 Million Cargo Claim.
Jury verdict for only $10,543.59 in passenger personal injury lawsuit where Plaintiff’s counsel asked for award of $1.2 million.
Won final judgment after 5-day bench trial in case involving yacht fire and attempted revocation of $7 million contract. Dismissal via summary judgment achieved for predecessor company. At the close of vessel owner’s case, directed verdict obtained on 80% of the claims. After conclusion of trial, final judgment obtaining on all remaining claims, including judgment on builder’s affirmative claim for unpaid necessaries and taxable costs.
Obtained order granting summary final judgment in favor of London cargo underwriters in a coverage dispute with a commercial fresh produce grower on the basis that damage to planted in-ground crops valued at approximately $9 million were not covered goods or merchandise under its cargo policy.
Obtained defense verdict in favor of major cruise line after 3-week arbitration of Jones Act crew claim where damages in excess of $10,000 sought.
Obtained summary judgment in favor of ferry operator in wrongful death suit based on enforceability and applicability of a waiver of liability and assumption of risk form executed by the decedent.
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 in excess of $10 million
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 declaratory 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.
Negotiated nominal settlement on behalf of contractor in a $5 million property and economic loss lawsuit from Miami International Airport fuel farm explosion.

Memberships

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)

Recognition

Best Lawyers®, Admiralty and Maritime Law (2019 – present)
Litigation Counsel of America, Fellow
Recognized as a Florida Super Lawyer, Transportation & Maritime, Insurance Coverage (2023)
Certified Litigation Management Professional (CLMP)™

Admissions

Florida
Fourth Circuit
Eleventh Circuit
U.S. District Court for the Southern, Middle, and Northern Districts of Florida
District of Delaware
- pro hac vice
Southern District of New York
- pro hac vice

Presentations

“US Marine Insurance Update,” International Underwriting Association of London Hybrid Market Briefing (2023)
“Fire – An Act of God or Perhaps an Act of Man,” Ft. Lauderdale Mariner’s Club Seminar (2021)
Legal Update- First Party Marine Coverage (Florida and Federal Courts 2021-2022), In-House Presentation, Markel American Ins. Co. (2021)
“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)
“Fire and Explosion Investigations in Yacht Claims,” Superyacht Claims Association, London (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 (June, 2013)
“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 in Marine Claims,” In-House Presentation, Chubb (2011)

Publications

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)