The Florida Supreme Court has suspended attorney David Robert Heil from practicing law for three years, rejecting a referee’s recommendation of a 180-day suspension. The decision stems from a case involving Reinaldo Rodriguez and Maria Batista of Melbourne Beach, who were left with a gutted kitchen and exposed drywall for nearly nine years after Heil mishandled their insurance claim. The court approved the referee’s findings of fact but imposed a harsher penalty than initially recommended.
Heil was hired in October 2016 by Rodriguez and Batista to fight First Liberty Insurance Corporation’s denial of their water damage claim. Instead of representing the couple, he referred them to Speed Dry, Inc., a contractor he had represented in over 100 court cases since 2001. Heil earned more than $1 million in fees from Speed Dry but never disclosed the conflict of interest to his clients. He also failed to obtain written informed consent or inform them he had reviewed Speed Dry’s assignment of benefits form.
According to the referee’s report, Heil sent only one letter to First Liberty in December 2016 and ignored the insurer’s follow-up in February 2017. He did no further work on the homeowners’ claim but filed a lawsuit on behalf of Speed Dry as the assignee. The case settled in 2019 and 2020, with over $15,000 paid to Speed Dry and Heil himself. Meanwhile, he told Batista by email that the payments were a sign their own claim was close to settlement.
The court’s order requires Heil to prove rehabilitation before returning to practice. The case highlights a breakdown in legal ethics, with Heil prioritizing financial gain over his clients’ interests. Rodriguez and Batista’s home remained in disrepair for nearly a decade, underscoring the real-world impact of the attorney’s actions. The Florida Bar will oversee Heil’s rehabilitation process, which must be completed before he can resume legal work.
