Kimberly A. Driggers, JD
Kimberly A. Driggers is a Partner of Brooks, LeBoeuf, Bennett, Foster & Gwartney. She received her B.A. in Psychology Magna Cum Laude from Rollins College in Winter Park, Florida in 1990. Ms. Driggers attended the Florida State University College of Law, receiving her J.D. in 1994. While in law school, Ms. Driggers represented FSU on the Moot Court team. Upon graduation, Ms. Driggers practiced law for eight years representing the interests of insurance companies in their defense of injury and insurance claims. During that time, Ms. Driggers assisted auto insurance clients in pursuing fraud claims against healthcare providers. She also represented two major automobile carriers in the defense of two No-Fault automobile insurance coverage class action lawsuits. In 2002, she began putting her extensive knowledge of insurance company claim practices to work when she began representing the interests of the injured and those who have been denied claims by their insurance company.
Ms. Driggers concentrates her practice in the areas of first party insurance disputes and class action litigation against health insurance companies in an effort to protect both patients and doctors from the abuses of managed care. Her insurance practice includes representing individuals denied by insurance companies for health insurance claims, disability claims, life insurance claims, homeowner‘s claims, and personal injury protection (PIP) claims. Ms. Driggers also represents individuals injured through automobile negligence, including personal injury and wrongful death claims.
Ms. Driggers is currently litigating three class action lawsuits against major health insurers: Pennsylvania Chiropractic Ass’n v. Blue Cross Blue Shield Assn., et al (N.D. Ill.); Association of N.J. Chiropractors v. Aetna, Inc. (D. N.J.), and Premier Health Center P.C. v. United Health Group (D. N.J.), all involving individuals’ and providers’ ERISA rights, including their right to appeal a health insurer’s demand for repayment of money. The N.D. Illinois action against Blue Cross also involves an action for violation of Florida’s Insurance Equality laws, alleging discrimination against Chiropractic Physicians.
Ms. Driggers is well known in the area of Personal Injury Protection insurance law (No-Fault or PIP insurance) and has testified numerous times in front of the Florida Legislature. She was invited by Florida’s prior CFO, Alex Sink, to serve as a member of an all day, televised, “PIP Roundtable”, primarily composed of auto insurance carriers. She has lectured and written many articles to various groups on the changes in the No-Fault Law and risk management issues in PIP.
Ms. Driggers’ presentations to healthcare providers and lawyers include speeches on the topics “PIP Billing and Reimbursement: Tips and Traps”; “Risk Management Issues for Chiropractic Physicians”; and, “2003 Changes to the PIP Statute”. She has likewise authored numerous articles on PIP and PIP litigation.
Ms. Driggers achieves success in the courtroom as seen through her numerous published decisions: Gurney v. State Farm Mutual Auto. Ins. Co., 795 So. 2d 1118 (Fla. 5th DCA 2001), rev. denied, 842 So. 2d 844 (Fla. 2003) (won appeal for State Farm on issue of timely obtaining reasonable proof to deny bills); Ernesto Vasques v. Mercury Casualty Co., 947 So. 2d 1265 (Fla. 5th DCA 2007) (succeeded in reversing two lower court decisions and obtaining benefits for the insured based upon Florida’s “innocent insured” doctrine); James K. Shea, M.D. (Carroll) v. Metropolitan Prop. & Cas. Ins. Co., 8 Fla. L. Weekly Supp. 790b (case dismissed on issue of assignment of benefits, representing insurer); Bleasdell v. Progressive Express Ins. Co., 11 Fla. L. Weekly Supp. 858c (Seminole Co. 06-2004) (defeating insurer’s Motion for Summary Judgment on issue of compensability of mileage); Patricia Smith v. USAA Casualty Ins. Co., 16 Fla. L. Weekly Supp. 952a (Leon Co. 08-2009) (defeating insurer’s Motion for Summary Judgment on propriety of PIP demand letter); Pathway Wellness Chiro. Clinic v. USAA Casualty Ins. Co., 16 Fla. L. Weekly Supp. 433b (Leon Co. 01-2009) (defeating insurer’s Motion for Summary Judgment on Standard Disclosure & Acknowledgment form); Health Source Chiro., Inc. v. United Services Auto. Assn., 16 Fla. L. Weekly Supp. 954b (Pinellas Co. 07-2009) (defeating insurer’s Motion for Summary Judgment on issue of assignment of benefits); Robby G. Hansen, D.C. v. United Services Auto. Assn., 17 Fla. L. Weekly Supp. 27a (Leon Co. 10-2009) (defeating insurer’s Motion for Summary Judgment on issue of demand letter).
Ms. Driggers was selected as one of Florida Trend’s 2011 Legal Elite in Insurance law, a peer recognition award for the top 2% of lawyers practicing in the state.
She currently serves as Assistant General Counsel to the Florida Chiropractic Association, the largest chiropractic association in the U.S. Ms. Driggers is a member of various professional organizations, including: The National Association of Chiropractic Attorneys, The Tallahassee Bar Association, Capital City Justice Association (Secretary 2009-present), Tallahassee Women Lawyers (President 2008-2009), and the Florida Justice Association (Auto Insurance Subcommittee and Vice-Chair Property Insurance Committee). Ms. Driggers is a Member of The Florida Bar and The Middle District Court of Florida.