Atty. Andrew J. Marchese
Andrew brings a distinct combination of litigation skills to his practice, developed during his legal career in South Florida. He represents various individuals, private and public companies, and non-profit entities in a broad range of business matters.
Profile Summary
About Andrew J. Marchese at a glance
Andrew J. Marchese is a Shareholder based in Fort Lauderdale, Florida, practicing at Marshall Dennehey. They have 31+ years of legal experience, licensed to practice since 1995. Their practice focuses on employment, construction, and insurance. Admitted to practice in Florida (1995), U.S. District Court Southern District of Florida (1996), and U.S. District Court Middle District of Florida (1998). Educated at Cooley Law School (J.D., 1995) and University of Maryland, College Park (B.A., 1990). Active member of Associations & Memberships •The Florida Bar, Board Certified in Condominium and Planned Development •Aviation Insurance Association •Dade County Bar Association •The Association of Trial Lawyers of America. Serands clients in Fort Lauderdale, FL and the surrounding metropolitan area.
Want to Get Service From This Attorney?
Sign up free and choose one of the two methods below.
Have a legal question? Sign up free, submit it through the Ask the Attorney module and receive a focused answer from a specialist.
- Free to ask a question
- Answers from specialist attorneys
- Optional private / anonymous question
Request an online video meeting or an in-person consultation at the attorney's office. Pick a time that works for you and share the details securely.
- Online video meeting
- In-person at the attorney's office
- Secure messaging and payment
About
- Andrew brings a distinct combination of litigation skills to his practice, developed during his legal career in South Florida
- He represents various individuals, private and public companies, and non-profit entities in a broad range of business matters
- Board Certified in Condominium and Planned Development law by The Florida Bar, Andrew has represented hundreds of condominium associations, homeowners associations, directors, officers and property managers in claims ranging from breach of fiduciary duty, breach of the declaration, real estate liens, real property document disputes, Fair Housing Act (FHA) and HUD claims, including reasonable accommodation claims by unit owners and visitors, and discrimination claims of every type
- His extensive directors & officers practice has given him significant experience with all types of claims in this arena
- Andrew's practice also consists of complex litigation with an emphasis on the defense of non-medical professionals, including attorneys, directors and officers, insurance brokers and title agents, architects and engineers, design professionals, general contractors, construction managers and subcontractors, against claims of liability, breach of contract, construction defect, design defect, delay, insurance coverage issues and licensure issues
- Additionally, Andrew represents employers in litigation and provides them advice and counsel concerning a variety of employment-related matters
- Andrew has handled the defense of employment law cases in federal and state courts and before various administrative agencies
- He has defended employers in claims alleging discrimination, violation of federal and state employment-related statutes, wrongful discharge, breach of contract and related tort claims
- Andrew also has experience with ADA public accommodation cases
- In 1990, Andrew graduated from the University of Maryland (College Park) where he received his Bachelor of Arts Degree in Criminal Justice/Pre-Law
- He then went onto obtain his juris doctor from The Thomas M. Cooley School of Law (cum laude), graduating in the top ten percent of his class
- Classes/Seminars Taught •Community Associations - Exposures Close to Home, Marshall Dennehey Client Presentation, September, 2020 •Contemporary Litigation Issues for the Claims Professional, Marshall Dennehey Client Presentation, September 21, 2015 Published Works •“Article III Standing Does Not Come from Violation of Statute Alone,” Defense Digest, Vol. 28, No. 12, December 2022 •'Florida Appeal Court Finds Assignment of Legal Malpractice Claim Permissible in Commercial Setting,' PLUS Magazine, October 2006 Thought Leadership Legal Updates for Real Estate E&O Liability The Listing Agreement Controls in Real Estate Commission Dispute Between Broker and Seller May 7, 2026 Carmona Realty Group, LLC, a licensed real estate broker, pursued a commission after procuring multiple offers at or above the listing price for a Miami property, but the seller repeatedly rejected or ignored those offers while attempting to increase the price outside the written listing agreement
- The parties had executed an exclusive right of sale listing agreement setting the price at $499,500 and providing for a 5% commission
- Although the seller later signed separate “instructions to agents” imposing additional requirements such as appraisal contingencies, inspection attachments, and deposit conditions, those instructions were never signed by the broker and were not referenced in the listing agreement
- After at least seven offers were presented, including full-price or above-list offers, the seller declined to proceed, citing varying reasons including furniture inclusion, shutters, and financing terms, while also informally seeking a higher price.The Third District Court of Appeal reversed the trial court’s ruling in favor of the seller, holding that the “instructions to agents” were not incorporated into the listing agreement and could not be used to defeat the broker’s entitlement to a commission
- Applying Florida contract principles and the statute of frauds, the court emphasized that modifications to a listing agreement must be in writing and signed by both parties, and that mere contemporaneous documents lacking mutual assent and cross-reference do not become part of the contract
- The court further found that the broker satisfied its obligation by producing ready, willing, and able buyers on the agreed terms, and that the seller’s later-asserted justifications did not negate the broker’s right to compensation
- This decision underscores the importance of real estate brokers and professionals ensuring that all material terms and conditions are clearly incorporated into the listing agreement itself, as well as documenting all communications when sellers reject conforming offers for reasons outside the contract
- Legal Updates for Insurance Agents & Brokers Legal Update for Insurance Agents & Brokers - CASE LAW UPDATE August 1, 2025 Federal Court Applies Blumberg to Distinguish Accrual of Negligence and Fiduciary Claims in Insurance Agent DisputeRomero v
- Kinsale Ins
- Co., No. 25-20084-CIV, 2025 WL 837820 (S.D
- Fla
- Mar. 18, 2025)In a recent decision, the U.S
- District Court for the Southern District of Florida revisited the Florida Supreme Court’s 2002 ruling in Blumberg v
- USAA Casualty Insurance Co., 790 So. 2d 1061 (Fla. 2002), to assess whether claims against a non-diverse insurance agent defendant were fraudulently joined
- The district court distinguished between negligence and breach of fiduciary duty claims based on whether the plaintiff’s alleged damages had accrued independently of a pending coverage dispute
- While the negligence claim was deemed premature and contingent on a future denial of insurance coverage, the breach of fiduciary duty claim was found to assert immediate and independent harm
- As a result, the court concluded that the joinder was not fraudulent and granted the motion to remand the case to state court.The dispute in Blumberg concerned stolen sports cards, and the insured sued his agent for negligence in procuring a policy that did not cover the loss of the cards
- In 2002, the court reasoned that, because the insured alleged his agent caused him no damages other than the amount at stake in his coverage dispute, he could only incur damages, if ever, at the conclusion of the coverage dispute-or once his right to sue the insurer expired
- Since 2002, Florida courts have held that when an insured alleges that an agent caused damages that are independent of a coverage dispute, the claim against the agent accrues immediately, even if the ultimate and full extent of the damages remains uncertain.In Romero v
- Kinsale, the plaintiff sued for breach of fiduciary duty and negligence after allegedly tripping on an uneven sidewalk at a construction site
- District Judge Altonaga analyzed the issue of whether a resident (non-diverse) defendant was fraudulently joined
- If fraudulently joined, the federal court would dismiss the non-diverse defendant and deny any motion to remand the matter back to state court
- Joinder is fraudulent where there is no possibility that the plaintiff can prove a cause of action against the non-diverse defendant
- In Judge Altonaga’s analysis, she held that the plaintiff’s negligence claim-which entirely hinged on the plaintiff’s assertion that she might lose a coverage dispute-had not yet accrued
- Therefore, the negligence claim, on its own, could not stand
- However, in analyzing the breach of fiduciary duty allegations, Judge Altonaga ruled that, since the breach of fiduciary duty claim contained no conditional language tying liability to denial of coverage, the allegation is that there was immediate harm at the time the policy was procured
- This allegation of immediate harm, independent of coverage, meant the breach of fiduciary claim was a potentially viable claim with ripe damages that had accrued
- Thus, Judge Altonaga held that there was no fraudulent joinder because there was at least a possibility that a Florida court could find an independent cause of action against the resident defendant
- The judge ultimately granted the motion to remand the case back to state court
- Legal Update for Insurance Agents & Brokers- August 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers
- This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship
- We would be pleased to provide such legal assistance as you require on these and other subjects when called upon
- ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright 2025 Marshall Dennehey, all rights reserved
- No part of this publication may be reprinted without the express written permission of our firm
- For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com
Practice Areas Explained
Andrew J. Marchese's Areas of Practice
Each practice area below reflects the types of cases Andrew J. Marchese handles, with a brief overview of what that area of law covers.
Employment lawyers represent workers in wrongful termination, discrimination, harassment, wage & hour disputes, and severance negotiations.
Andrew J. Marchese is one of 169,120 employment attorneys indexed nationally. Browse employment attorneys in Florida →
Andrew J. Marchese is one of 40,689 construction attorneys indexed nationally. Browse construction attorneys in Florida →
Insurance attorneys for coverage disputes, bad faith claims, denied claims, and policy disputes.
Andrew J. Marchese is one of 121,912 insurance attorneys indexed nationally. Browse insurance attorneys in Florida →
Jurisdictional Context
Why local counsel matters in Florida
Practicing law in Florida. Legal matters in Florida are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Fort Lauderdale are typically filed in the local municipal court or the appropriate Florida state district court, depending on subject matter and amount in controversy. An attorney licensed in Florida brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in Florida courts without local counsel or pro hac vice admission.
Looking for additional Florida attorneys? Browse all attorneys in Fort Lauderdale or all attorneys in Florida.
Frequently Asked
Common questions about Andrew J. Marchese
Where is Andrew J. Marchese's law office located?
What practice areas does Andrew J. Marchese handle?
How long has Andrew J. Marchese practiced law?
Where did Andrew J. Marchese go to law school?
How can I contact Andrew J. Marchese for a consultation?
Practice Areas
Education
Bar Admissions
Reviews
No reviews yet.