Aaron Behar

Attorney Profile

Top Rated Insurance Coverage Attorney in Sunrise, FL

BeharBehar
490 Sawgrass Corporate Parkway, Suite 300
Sunrise, FL 33325
Phone: 954-990-8639
Fax: 954-332-9260
Email: Aaron Behar
Selected to Super Lawyers: 2021
Licensed Since: 1999
Practice Areas: Insurance Coverage (10%), Employment Litigation: Defense (20%), General Litigation (20%), Personal Injury - General: Defense (20%), Professional Liability: Defense (20%), Employment & Labor: Employer (10%)
Attorney Profile

Mr. Behar primarily concentrates on the defense of insurance carriers and their insureds in the areas of General Liability, Personal Injury, Labor and Employment, Errors & Omissions and Directors & Officers Liability.

Mr. Behar’s practice also includes representing clients in matters concerning complex commercial litigation, class actions, contract and business disputes, personnel investigations and litigation avoidance techniques.

About Aaron Behar

Admitted: 1999, Florida

Professional Webpage: https://beharbehar.com/aaron-behar/

Newsletters

  • The Third District Court of Appeal of Florida found the record reflected that Hernandez had not complied with several of his post-loss obligations under the insurance policy. Hernandez did not provide immediate notice or keep records of the claimed supplemental loss, did not notify State Farm within 60 days after his repairs were completed, did not provide sufficient documentation of the damages and repairs, and he had submitted three different sworn statements regarding his supplemental claim. These breaches were both substantial and material, especially since Hernandez completed the repairs to his home nearly five years before submitting his supplemental claim, and the breaches entirely foreclosed State Farm’s ability to investigate and adjust Hernandez’s claim. Additionally, the Court noted that State Farm was denied a meaningful opportunity to investigate Hernandez’s supplemental claim to determine if the claimed losses were, in fact, based on damages as opposed to the owner’s mere desire to renovate his home. Further, if the claimed losses were based on actual damages to the house, State Farm did not have the opportunity to investigate whether the damages were as a result of Hurricane Wilma, negligence by Hernandez, negligence by the roofer who installed the new roof, or due to some other cause. Because Hernandez had not complied with his post-loss obligations, State Farm cannot conduct a meaningful investigation in order to adjust the claim. Therefore, the Court reversed the trial court’s order under review and remanded this case back to the trial court for proceedings consistent with this opinion., When the insured had not complied with his post-loss obligations, the insurer could not conduct a meaningful investigation in order to adjust the claim, and it was error to grant the insured’s motion to compel appraisal
  • The Professional Ethics Committee of the Florida Bar agrees that a lawyer may advise a client to use the highest level of privacy setting on the client’s social media pages. The committee also agrees that a lawyer may advise the client pre-litigation to remove information from a social media page, regardless of its relevance to a reasonably foreseeable proceeding, as long as the removal does not violate any substantive law regarding preservation and/or spoliation of evidence. The committee is of the opinion that if the lawyer does so, an appropriate record of the social media information or data must be preserved if the information or data is known by the lawyer or reasonably should be known by the lawyer to be relevant to the reasonably foreseeable proceeding. The committee is of the opinion that the general obligation of competence may require the inquirer to advise the client regarding removal of relevant information from the client’s social media pages, including whether removal would violate any legal duties regarding preservation of evidence, regardless of the privacy settings., Florida Bar Ethics Committee Confirms the rule on Attorneys Advising Clients to Clean Up Social Media Pages
  • In Audiffred v. Arnold, 2015 Fla. LEXIS 803, the Supreme Court held that a proposal for settlement did not comply with section 768.79 and rule 1.442. The complaint involved separate claims by Audiffred and Kimmons. Although the proposal lists Audiffred as the sole offeror, if accepted by Arnold, the offer would have resolved all pending claims by both Audiffred and Kimmons. Thus, the proposal had the effect of settling claims by two plaintiffs against one defendant. Under the required strict construction of the rule and the statute, this ultimate effect of the offer requires that it be treated as a joint proposal. Accordingly, for the proposal to be valid, it was necessary for the amount offered to be apportioned between Audiffred and Kimmons. The proposal, however, does not describe what portion of the amount offered would be applicable to Audiffred, and what portion would be applicable to Kimmons. As written, the proposal does not clearly convey whether the settlement amount would be divided evenly between Audiffred and Kimmons, whether one plaintiff would take nothing while the other would receive the full amount offered, or whether some measure between the two was intended. Although Audiffred asserts that the intent of the proposal was for Kimmons not to receive any portion of the settlement amount for his loss of consortium claim, the actual language of the proposal is not at all clear on this matter. Instead, the proposal states only that upon payment of $17,500, Audiffred and Kimmons would “dismiss this lawsuit, with prejudice, as to the Defendant.” The Supreme Court concluded that due to this patent ambiguity, the offer lacked sufficient clarity to permit Arnold to reach an informed decision with regard to the settlement amount against the pending claims by Audiffred and Kimmons. Accordingly, the settlement proposal was fatally ambiguous and invalid because it failed to state with particularity this critical condition of the offer. Therefore, the First District properly reversed the award of costs and attorney’s fees to Audiffred and Kimmons., A settlement proposal, pursuant to Florida’s Offer of Judgment Statute, that offers to resolve pending claims against additional parties who are neither offerors nor offerees, constitutes a joint proposal that is subject to the apportionment requirement c
  • The First District Court of Appeal found that due process was not afforded to United Water because the county court granted the motion to dismiss by going beyond the four corners of the complaint. The dismissal order was based on State Farm’s defense that coverage under its policy was unavailable, a ruling that went beyond whether United Water’s complaint stated a claim. Additionally, the Court stated that the dismissal of United Water’s complaint violated the clearly established principles of law that an assignee of post-loss insurance benefits can sue for breach of such benefits. The Court reiterated that clearly established law permits United Water to bring suit to seek recovery under the State Farm policy, and if necessary, seek a coverage determination. The dismissal order had the harsh effect of barring United Water’s enforcement of its bargained-for right to pursue assigned benefits, which amounts to a miscarriage of justice., An assignee of post-loss insurance benefits could sue for breach of such benefits
  • In Vazquez v. Martinez, 2015 Fla. App. LEXIS 13895, the Court found that whether a party has a direct relationship with any of the experts does not determine whether discovery of the doctor/law firm relationship or doctor/insurer relationship is allowed. The Court emphasized that the purpose of the rule is to expose any potential bias between a party and an expert. Evidence of bias may be found in the financial ties between all of the litigant’s agents, including the litigant’s law firm or insurer and the expert. Moreover, the Court stated that the trial judge adeptly permitted evidence of possible bias without disclosing the existence of insurance. Therefore, the Court concluded that the trial court did not abuse its discretion in permitting Ms. Martinez to present the challenged evidence., Fifth District Court of Appeal of Florida finds Expert Witness Compensation Admissible Evidence
  • The Fifth District Court of Appeal in Botee v. Southern Fid. Ins. Co., 2015 Fla. App. LEXIS 1566, concluded that the plain and ordinary meanings of “vandalism” and “malicious mischief” include “arson.”, The Fifth District Court holds that the destruction of property by an intentionally set fire is encompassed within the term “vandalism and malicious mischief”
  • The Fourth District Court of Appeal of Florida reversed the trial courts order concluding that the trial court erred in dismissing One Call’s complaint based on the anti-assignment and loss payment provisions of the insurance policy. Here, the trial court was entitled to review a homeowners’ insurance policy in ruling on the insurer’s motion to dismiss an assignee’s breach of contract claim because the complaint referred to the policy, and the assignee’s standing to bring suit was premised on an assignment of the policy. The complaint impliedly incorporated the policy by reference. However, the Court found the trial court erred as a matter of law in dismissing the assignee’s claim because post-loss assignments of insurance proceeds were valid under Florida law, the policy’s loss payment provision did not preclude an assignment of benefits, and an assignable right to benefits accrued on the date of the loss. The Court emphasized, that they declined to reach any of Security First’s other challenges to the assignment, including whether the assignment violates the public adjuster statute or the statute governing insurable interests, or whether the assignment is a partial assignment that cannot be enforced against Security First without its consent. The trial court should address these issues in the first instance., The Fourth District Court of Appeal of Florida Rules that Post-Loss Assignment of Benefits are Permissible

Educational Background

  • University of Florida, College of Law, Gainesville, Florida, 1998
  • Indiana University, Bloomington, Indiana, 1995

Special Licenses/Certifications

  • Mr. Behar has completed intensive training and is authorized by the United States Equal Employment Opportunity Commission to conduct EEO investigations, pursuant to the Federal Standards set forth in the EEOC, EEO Management Directive 110, Chapter 6. These investigative techniques and methodologies comply with all Federal guidelines that define discrimination claims based on allegations of disparate treatment or impact based on race, color, national origin, sex (pregnancy), age, mental or physical disability, religion and retaliation, 2006

Scholarly Lectures/Writings

  • Provided seminar to insurance carrier on recent developments in the law governing proposals for settlement, including case studies, application of recent trends, and best practices., Lecturer, Developments in Florida's Proposal for Settlement Rules, 2011
  • Provided seminar to insurance carrier on recent developments in employment litigation and Florida's Whistleblower's Act, including the Florida Supreme Court's clarification on conflicts among district courts concerning an employee's "good faith belief" versus "actual" violation of a law, rule or regulation, and application of the new rule on discovery and defense strategies., Lecturer, Developments in Employment Litigation and Florida's Whistleblower's Act, 2015
  • Provided seminar to insurance carrier on recent developments in ADA litigation and defense strategies based on real-world case studies., Lecturer, Americans With Disabilities Act, Title III, Defense Strategies in Litigation, 2016
  • Provided seminar to public water management district in Florida concerning the Florida Sunshine Law, its application on day-to-day business and risk management, and complaince obligations., Lecturer, Florida’s Sunshine Law and Public Records Act, 2010
  • Provided training to management and employees of a public entity in Florida as to recent trends in employment law concerning sexual harassment, investigations, litigation strategies and avoidance techniques., Lecturer, Avoiding Sexual Harassment Claims in the Workplace, 2010
  • Provided training to management personnel of a public entity in Florida as to recent trends in employment law concerning sexual harassment, investigations of claims, and compliance with federal law and standards., Lecturer, Investigative Sexual Harassment Claims in the Workplace, 2010
  • Provided seminar to public entity on recent developments in the application of the FMLA, including Q&A session concerning investigations of complaints and day-to-day handling of employee concerns., Lecturer, Family and Medical Leave Act, 2010
  • Provided training to public entity involved in worker's compensation claims and the effects of HIPAA obligations on claims handling procedures, pitfalls in litigation and discovery, and recent trends in the electronic transmission of health information., Lecturer, Navigating Through the New HIPAA & HITECH Regulations, 2009
  • Provided group seminar to private business owners in Dade County on the recently enacted Wage Theft Ordinance and comparison of rules to the Fair Labor Standards Act; participated in Q&A with business owners concerning application of the ordinance to various groups of employees; discussed litigation avoidance techniques and risk management., Lecturer, The FLSA and Wage Theft Ordinance, 2013
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2010
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2011
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2012
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2013
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2014
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2015
  • Provided seminar to insurance carrier on recent developments in wrongful death litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Wrongful Death Litigation in Florida, 2016
  • Provided seminar to insurance carrier on recent developments in premises liability litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Developments in Premises Liability Law, 2012
  • Provided seminar to insurance carrier on recent developments in premises liability litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Developments in Premises Liability Law, 2013
  • Provided seminar to insurance carrier on recent developments in premises liability litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Developments in Premises Liability Law, 2014
  • Provided seminar to insurance carrier on recent developments in premises liability litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Developments in Premises Liability Law, 2015
  • Provided seminar to insurance carrier on recent developments in premises liability litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Developments in Premises Liability Law, 2016
  • Provided seminar to insurance carrier on recent developments in the law governing proposals for settlement, including case studies, application of recent trends, and best practices., Lecturer, Developments in Florida's Proposal for Settlement Rules, 2012
  • Provided seminar to insurance carrier on recent developments in the law governing proposals for settlement, including case studies, application of recent trends, and best practices., Lecturer, Developments in Florida's Proposal for Settlement Rules, 2013
  • Provided seminar to insurance carrier on recent developments in the law governing proposals for settlement, including case studies, application of recent trends, and best practices., Lecturer, Developments in Florida's Proposal for Settlement Rules, 2014
  • Provided seminar to insurance carrier on recent developments in the law governing proposals for settlement, including case studies, application of recent trends, and best practices., Lecturer, Developments in Florida's Proposal for Settlement Rules, 2015
  • Provided seminar to insurance carrier on recent developments in the law governing proposals for settlement, including case studies, application of recent trends, and best practices., Lecturer, Developments in Florida's Proposal for Settlement Rules, 2016
  • Provided training to members of the Independent Insurance Agents of South Florida during its annual event in trends involving HIPAA obligations on worker's compensation claims, pitfalls in litigation and discovery, and recent trends in the electronic transmission of health information.  , Lecturer, Navigating Through the New HIPAA & HITECH Regulations, 2009
  • Conducting the Post-Loss Investigation; Navigating the Adjusting World; Developments in Bad Faith Litigation; Mediation Ethics and Dilemmas; and Issues in Insurance Fraud, Lecturer, 2015
  • Provided seminar to insurance carrier on recent developments in premises liability litigation, including case studies and application of recent trends on claims handled by the carrier and our office, including discovery and defense strategies and techniques., Lecturer, Developments in Premises Liability Law, 2011

Bar/Professional Activity

  • Weston Bar Association, Board of Directors, 2015
  • Council on Litigation Management, Member, 2016
  • South Florida Builder’s Association, Board of Directors, 2011
  • Professional Liability Underwriters Society, Member, 2013
  • Professional Liability Underwriters Society, Member, 2016
  • Weston Bar Association, Board of Directors, 2014
  • Weston Bar Association, Board of Directors, 2017
  • South Florida Builder’s Association, Member, 2009
  • Council on Litigation Management, Member, 2010
  • Professional Liability Underwriters Society, Member, 2015
  • Weston Bar Association, Board of Directors, 2013
  • Weston Bar Association, Board of Directors, 2016
  • Weston Bar Association, Board of Directors, 2012
  • Independent Insurance Agents of South Florida, Member, 2009
  • Professional Liability Underwriters Society, Member, 2014
  • Professional Liability Underwriters Society, Member, 2017

Transactions

  • Brown & Brown acquisition of BenTrust Financial: Represented the seller, BenTrust Financial, in the complex negotiation and sale of its assets in a transaction that spanned almost two years. The transaction involved the negotiation and drafting of various Asset Purchase Agreements, Employment Agreements, Sublease Agreements and Non-Competition Agreements, 2015

Verdicts/Settlements

  • Williams v. Gold's Gym: Following a four year litigation, defendant prevailed on a motion for summary judgment premised on a pre-injury waiver agreement that became enforceable following the Florida Supreme Court's decision in Sanislo v. Give Kids the World, Inc. The Fourth District Court of Appeals affirmed the decision in a per curiam opinion. , 2016
  • Smith v. Tricore: Claimant filed a Charge of Discrimination with the EEOC and in response we submitted a detailed Position Statement. The EEOC reached a determination of No Cause. Claimant elected to forego the filing of a lawsuit., 2015
  • Murphy v. Achieve Tampa Bay: Following the submission of a position statement, the EEOC closed its case and no subsequent lawsuit was filed, 2016
  • Weaver v. Metamorphosis for Life: Claim for serious medical injuries (including blindness) arising from alleged negligent supervision of persons in a group home settled following the service of a proposal for settlement that was based on a pending motion for summary judgment on the defense of sovereign immunity, 2017
  • Salicrup v. Estrada: Following a six year litigation of an alleged brain injury during a boxing match, defendant prevailed on a motion for summary judgment as to the guardian/parent's claim for negligence. Just prior to the hearing on the motion for summary judgment as to the minor child's claims, plaintiff accepted defendant's offer that was lower than his earlier proposal for settlement., 2017
  • Zapata v. Chevron 41: Following two years of litigation, court dismissed the claim after defendant prevailed on a motion for sanctions for various discovery violations , 2016
  • Melton v. Sunrise of Tampa: General Liability claim dismissed with prejudice following a hearing on defendant's motion to dismiss., 2016
  • Aquino v. La Bodeguita Criolla: Claim involving negligent security and significant medical injuries requiring multiple surgeries resolved at mediation. Defendant obtained a favorable settlement arising from proposed litigation against co-defendants and pending dispositive motions, 2017
  • Coady v. Triple J: Claim for wrongful death following a trucking accident. Approximately four months following the filing of the lawsuit, and after key depositions were taken, we filed a motion for sanctions against plaintiff based on various dispositive issues. Plaintiff thereafter voluntarily dismissed all claims against the defendant, 2014
  • Cheresnick v. Planet Fitness: Just prior to trial, plaintiff voluntarily dismissed all claims against client without seeking monetary damages., 2013
  • Mazzeo v. Hillsborough Area Regional Transit Authority: Following the initiation of a lawsuit against defendant for alleged COBRA violations, we negotiated a dismissal of all claims without payment of damages, 2017
  • Villoch v. Tampa Fitness Partners: Case settled following defendant's success on various key dispositive motions related to this FLSA claim, 2016
  • Area One v. CE General Services: Following two years of litigation and two unsuccessful mediations in this construction defect claim, defendant obtained a favorable settlement just prior to trial, 2016
  • Archer v. Magnum Fitness: Case involving serious medical injuries following plaintiff's fall from an exercise bike after the seat broke off. Defendant reached a favorable settlement based on threatened litigation against other defendants and third parties and dispositive motions , 2015
  • Cohen v. The Palms: Just prior to trial, plaintiff voluntarily dismissed our client without seeking monetary damages, 2013
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Office Location for Aaron Behar

490 Sawgrass Corporate Parkway
Suite 300
Sunrise, FL 33325

Last Updated: 7/2/2021

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