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verdicts

Case:
Karen Soto Vega v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Cernitz Law (Adam Feldman)
Result:
Summary Judgment
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq. secured summary judgment in the First-Party Property matter styled Karen Soto Vega v. Defendant Insurance Company after argument at hearing on April 6, 2023. The Defense filed a Motion for Summary Judgment based on the Plaintiff’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever identified the alleged A/C leak that led to microbial mold growth in her home.
 
Plaintiff’s counsel filed a last-minute response to Defendants Motion for Summary Judgment, attempting to create issues of fact using Plaintiff’s affidavit, as well as the affidavit of her chosen Public Adjuster. In response, Mr. Brathwaite prepared a Motion to Strike the affidavits, which the Court allowed to be incorporated into the argument made in support of Defense’s Motion for Summary Judgment.
 
After striking the affidavits of Plaintiff and her Public Adjuster, the Court granted the Motion for Summary Judgment. Read More.
Case:
Moldguard USA Corp. a/a/o Karen Soto Vega v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Weisser Elazar & Kantor, PLLC (Allison Hearn)
Result:
Voluntary Dismissal
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq., moved for summary judgment in the First-Party Property matter styled Moldguard USA Corp. a/a/o Karen Soto Vega v. Defendant Insurance Company. Defense filed the Motion for Summary Judgment based on the Insured’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever identified the alleged A/C leak that led to microbial mold growth in her home. Additionally, at the deposition of the Plaintiff’s Corporate Representative, it was also elicited that they did not make any cause and origin determinations, nor could they establish that their services were provided in connection with a covered loss.
 
Plaintiff was unresponsive in getting the Motion for Summary Judgment set for a hearing. However, after invoking the Court’s unilateral hearing setting procedures, Plaintiff finally agreed to a hearing date of August 8, 2023. However, on June 23, 2023, Plaintiff filed a notice of Voluntary Dismissal, rather than attempt to overcome the motion. Read More.
Case:
Leila Wilson v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Makris & Mullinax, P.A. (Matthew Mullinax)
Result:
Summary Judgment
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured summary judgment in the First-Party Property matter styled Leila Wilson v. Defendant Insurance Company after continued argument at hearing on June 12, 2023. The Defense filed a Motion for Summary Judgment based on the Plaintiff’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever been on her roof prior to the alleged windstorm that caused damage to her roof. Additionally, the Plaintiff’s Daughter, who was also the tenant at the subject property for over a decade, provided deposition testimony that made it clear there was a question as to what the actual date of loss was.
 
It was also argued that Plaintiff’s experts’ opinions in opposition to Defendant’s Motion for Summary Judgment were not sufficient enough to create any issue of material fact, as the report, and affidavits provided were conclusory in nature and did not articulate in a manner satisfactory to the Court why Defendant’s expert’s opinion that the damage to the 30-year-old roof was simple wear and tear.
 
This was a unique situation, as this matter was transferred to Luks & Santaniello from another firm 10 days prior to Non-Binding Arbitration, and with the Summary Judgment Motion hearing being continued from March of 2023, prior to the transfer. Even with short notice, Mr. Brathwaite was able to prepare for and prevail at the continued hearing on the Defense’s Motion for Summary Judgment. Read More.
Case:
Truview Mold, LLC a/a/o Jordan Lloyd v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC (J. Michael Kelly)
Result:
Dismissal
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured a dismissal on April 10, 2023, in the First-Party Property matter styled Truview Mold, LLC a/a/o Jordan Lloyd v. Defendant Insurance Company. Defense filed a Motion to Dismiss with Prejudice based on the Plaintiff’s standing as an assignee of benefits. Specifically, the assignment of benefits attached to Plaintiff’s Complaint did not contain within it an itemized per-unit estimate of the services that were to be provided within the four corners of the agreement. Instead, the Plaintiff attached an invoice that was prepared after the date the assignment of benefits was executed by the Insured and the work completed, as an additional exhibit to the Complaint.
 
Plaintiff’s counsel filed a written response in opposition to the Defense’s Motion to Dismiss, arguing that because Plaintiff’s Assignment of Benefits Agreement referenced generally a forthcoming estimate of services, the invoice attached to the Complaint as an exhibit was incorporated by reference, and therefore contained within the Assignment of Benefits Agreement.
 
The Court was not swayed by the Plaintiff’s argument and dismissed the matter with prejudice. Read More.
Case:
Truview Mold, LLC a/a/o Otoniel Cutino v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC (J. Michael Kelly)
Result:
Dismissal
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured a dismissal on April 10, 2023, in the First-Party Property matter styled Truview Mold, LLC a/a/o Otoniel Cutino v. Defendant Insurance Company. Defense filed a Motion to Dismiss with Prejudice based on the Plaintiff’s standing as an assignee of benefits. Specifically, the assignment of benefits attached to Plaintiff’s Complaint did did not contain within it an itemized per-unit estimate of the services that were to be provided within the four corners of the agreement. Instead, the Plaintiff attached an invoice that was prepared after the date the assignment of benefits was executed by the Insured and the work completed, as an additional exhibit to the Complaint.
 
At the hearing on the Motion to Dismiss, Plaintiff’s counsel argued in opposition to the Defense’s Motion to Dismiss that because Plaintiff’s Assignment of Benefits Agreement referenced generally a forthcoming estimate of services, the invoice attached to the Complaint as an exhibit was incorporated by reference, and therefore contained within the Assignment of Benefits Agreement.
 
The Court was not swayed by the Plaintiff’s argument and dismissed the matter with prejudice. In the Court’s Order, it was expressly stated that the Court found that “. . . . paragraph two of the Assignment of Benefits Agreement attached to Plaintiff’s Complaint does not satisfy 627.7152(2)(a)(5) Fla. Stat. by referencing, generally, that Plaintiff will provide an invoice for services and Plaintiff attaching an invoice for $1,500.00 dated February 15, 2022 to the Complaint as an exhibit 2.” Read More.
Case:
Gail & Andrew Luchey v Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Cardenas Law Group, LLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled Gail & Andrew Luchey v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the commercial insurance contract by denying coverage for their claim for damage to their quadruplex resulting from Hurricane Irma. Following the depositions of the Plaintiffs and their public adjuster, during which Mr. Perez secured favorable testimony, and in advance of an approaching trial, Plaintiffs dismissed the case with prejudice. Read More.
Case:
The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Lynda Masters v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Florida Insurance Law Group, LLC
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal in the matter styled The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Lynda Masters v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the commercial insurance contract by denying coverage for its claim for payment relating to services rendered at the insured triplex pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, and its Motion for Sanctions Pursuant to Florida Statute §57.105, contending that Plaintiff’s claim was barred by the statute of limitations, as the assignment was executed more than three years after Hurricane Irma. Defendant relied on Florida Statute §627.70132, which requires notice of a hurricane claim be provided within three years of the date of loss. Just before the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.
Case:
The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Saksams Investments, Inc. v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Florida Insurance Law Group, LLC
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal in the matter styled The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Saksams Investments, Inc. v. Defendant Insurance Company. Plaintiff filed suit pursuant to an assignment of benefits alleging that Defendant breached the commercial insurance contract by denying coverage for its claim for payment for an engineering report concerning damage to a shopping center from a tornado. Defendant filed its Motion for Final Summary Judgment, and its Motion for Sanctions Pursuant to Florida Statute §57.105, contending that the preparation of an engineering report did not constitute a direct physical loss covered by the commercial wind-only policy, and that Plaintiff’s purported assignment agreement failed to comply with Florida Statute §627.7152, and was therefore invalid and unenforceable, rendering Plaintiff without standing to maintain the lawsuit. Minutes before the hearing on Defendant’s Motion for Final Summary Judgment, Plaintiff dismissed the case. Plaintiff then reimbursed Defendant for the attorneys’ fees and costs incurred defending Plaintiff’s frivolous claims, pursuant to Florida Statute §57.105. Read More.
Case:
Quality Assessments & Logistics, LLC a/a/o Eduardo Vazquez v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Jimenez & Carrillo, LLC
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal in the matter styled Quality Assessments & Logistics, LLC a/a/o Eduardo Vazquez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. Defendant’s motion was granted, as the purported assignment agreement did not contain the requisite written, itemized, per-unit cost estimate of the services to be performed by the assignee. Read More.
Case:
Pavel Figueredo v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Property Advocates, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Pavel Figueredo v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a kitchen leak, and then subsequently sold the property. Defendant filed its Motion for Final Summary Judgment, asserting that there was neither any evidence of out of pocket expenses incurred for repairs related to the claimed damage, nor any credits or other impact on the sale of the property related to the claimed damage, thus no evidence of any compensable damages, an essential element of a claim for breach of contract. Following the deposition of the insured, during which Mr. Teijelo secured favorable testimony in support of Defendant’s position, and upon receipt of Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
Jose Fabregas & Luz Montenegro v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
MSPG Law Group, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Jose Fabregas & Luz Montenegro v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the insurance contract by denying coverage for their claim for damage to their property resulting from a kitchen leak. Following the deposition of the insured, during which Mr. Teijelo secured favorable testimony in support of Defendant’s position, Defendant filed its Motion for Final Summary Judgment, arguing that the damage was the result of constant or repeated seepage or leakage of water and therefore excluded form coverage under the policy. Just minutes before the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
Jacqueline Varela v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Duboff Law Firm
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Jacqueline Varela v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a kitchen leak. Following the deposition of the insured, during which Mr. Teijelo secured favorable testimony in support of Defendant’s position, Defendant filed its Motion for Summary Judgment, arguing that the damage was the result of constant or repeated seepage or leakage of water and therefore excluded form coverage under the policy. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
AFCAM Group Corp d/b/a AFCAM Restoration a/a/o Jacqueline Varela v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Law Offices of Marcote & Marcote De Moya, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., secured a dismissal with prejudice in the matter styled AFCAM Group Corp d/b/a AFCAM Restoration a/a/o Jacqueline Varela v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, thus rendering Plaintiff without standing to maintain the lawsuit. Defendant’s motion was granted, as the purported assignment agreement did not contain the necessary rescission language. Read More.
Case:
JNE Enterprises, Inc. d/b/a Moldone Experts a/a/o Jacqueline Varela v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Peregonza The Attorneys, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., secured a dismissal with prejudice in the matter styled JNE Enterprises, Inc. d/b/a Moldone Experts a/a/o Jacqueline Varela v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage of Plaintiff’s claim for payment relating to a mold assessment conducted at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Final Summary Judgment, arguing that the assignee stands in the shoes of the assignor, that the assignor’s loss was the result of constant or repeated seepage or leakage of water and therefore excluded form coverage under the policy, and that the mold assessment conducted by Plaintiff would only be covered if the costs were a result of a covered peril. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
Carolina & Abraham Anzardo v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Grande Law, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled Carolina & Abraham Anzardo v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the insurance contract by denying coverage for their claim for damage to their property resulting from a roof leak. Defendant filed its Motion for Summary Judgment, maintaining the position that the damage to the roof pre-existed the claimed date of loss, and there was no evidence of a wind created opening in the roof that allowed rainwater to enter the property. Upon receipt of Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
Water Tech Restoration, LLC a/a/o Olga Mederos v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Levy & Partners, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled Water Tech Restoration, LLC a/a/o Olga Mederos v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. Defendant’s motion was granted, without prejudice, as the purported assignment agreement did not contain the requisite written, itemized, per-unit cost estimate of the services to be performed by the assignee. Plaintiff then filed an amended complaint, attempting to cure the deficiency. Defendant filed its second motion to dismiss, again challenging the validity of the purported assignment, and Plaintiff’s standing to file suit. In advance of the hearing on Defendant’s second motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
South Florida Restoration Service, LLC a/a/o Barbara Cabanas v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Velasquez & Associates, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled South Florida Restoration Service, LLC a/a/o Barbara Cabanas v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. Defendant’s motion was granted, without prejudice, as the purported assignment agreement did not contain the necessary language, or the requisite written, itemized, per-unit cost estimate of the services to be performed by the assignee. Plaintiff then filed an amended complaint, attempting to cure the deficiencies. Defendant filed its second motion to dismiss, contending that Plaintiff’s purported assignment agreement still failed to comply with Florida Statute §627.7152, and was therefore invalid and unenforceable. Just hours before the hearing on Defendant’s second motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
Orlando Water Mitigation, LLC a/a/o Nino Garboza & Annamora Vargas v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Louis Law Group, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Associate Taylor Montanari, Esq., secured a dismissal with prejudice in the matter styled Orlando Water Mitigation, LLC a/a/o Nino Garboza & Annamora Vargas v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.
Case:
The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Chamile Rosa. V. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Krapf Legal, P.A.
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., and Associate Taylor Montanari, Esq., secured a dismissal in the matter styled The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Chamile Rosa v. Defendant Insurance Company. Plaintiff filed suit pursuant to an assignment of benefits alleging that Defendant breached the insurance contract by denying coverage for its claim for payment for the preparation of an engineering report. Defendant filed its Motion for Final Summary Judgment, contending that the preparation of an engineering report was not covered by the policy, and that Plaintiff’s purported assignment agreement failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. Plaintiff dismissed the case, and reimbursed Defendant for the costs incurred defending the case. Read More.
Case:
Jose Martinez v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Martin & Randolph PLLC (Sonya P. Randolph)
Result:
Defense Verdict
Summary:
Three-day jury trial; alleged water leak to a hallway bathroom and alleged drain line failure — Jury returned Defense Verdict
 
On August 18, 2023, after a three-day jury trial, Miami Partners Otto Espino, Esq., and Cristina Sevilla, Esq., obtained a full defense verdict in matter styled Jose Martinez v. Defendant Insurance Company. The lawsuit was based on a denied claim and arose due to an alleged water leak sustained by the Defendant’s Insured (Jose Martinez) to a hallway bathroom where he alleged the drain line had failed. The Insured gutted the bathroom prior to the carrier’s field inspection. The Insured also alleged the same drain line failure caused a backup in the adjoining kitchen, damaging his kitchen cabinets.
 
Defendant contended they were prejudiced by the Insured’s failure to provide the property for inspection before gutting the run and trenching the floor to remove the case iron drain lines. Defendant also defended the denial by arguing cause of loss was excluded per the constant and repeated seepage provision in its policy. This exclusion was based on the remaining building materials that were not removed from the hallway bathroom (i.e. wall studs) and based on the condition of the adjoining kitchen.
 
At trial, Defendant presented the evidence gathered during both its field inspection and engineering inspection. Mr. Espino successfully argued the condition of the bathroom was sufficient to determine the policy’s exclusion for constant and repeated was the actual cause of the Insured’s claim, and not the alleged failed drain line. The jury’s verdict found the exclusion had been properly enforced and there was no breach of contract. The verdict did not reach the question of any post-loss violations, avoiding any appellate issues related to those portions of the trial. After an hour of deliberation, the jury fully agreed and entered a full defense verdict. Read More.
Case:
You Restoration LLC a/a/o Ali Althis Bastardo v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Florida Insurance Law Group, LLC.
Result:
Defense Verdict
Summary:
Fort Lauderdale Junior Partner Jeremy Fischler, Esq., secured a dismissal in the First-Party Property matter styled You Restoration LLC a/a/o Ali Althis Bastardo v. Defendant Insurance Company. Defense filed a Motion for Summary Judgment in which it argued that the Defendant made full payment under the Policy’s Managed Repair Program. Specifically, the Plaintiff performed water mitigation services on behalf of the Insured, and received a partial payment after carrier review of the estimate. The Insured thereafter rejected the carrier’s offer to utilize the Managed Repair Program, thereby limiting the claim under the Policy to $10,000.00. The carrier sent the balance of the Policy limits to the Insured. Plaintiffs argued that this payment, made after the carrier was notified of the water mitigation services, could not have discharged the carrier’s obligations to pay the full invoice presented by Plaintiffs. The day before the hearing, Plaintiffs advised that they would abandon the case and submitted a dismissal. Read More.
Case:
Maria Mejia v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney
Result:
Dismissal/Walk-Away
Summary:
Partner Jeremy Fischler obtained a favorable result in a first- party property matter styled Maria Mejia v. Defendant Insurance Company in the Circuit Court of Broward County Florida. Plaintiff reported a Hurricane Irma claim to Defendant in 2019, and Defendant denied the claim when the field adjuster could not identify a storm created opening.
 
Defendant pursued two primary defenses in the matter — first, that there was no storm created opening, and second, that late reporting prejudiced the investigation of the claim. In litigation, the Defendant was able to establish that while the loss was not reported until 2019, Plaintiff was aware of the damage in 2017. In that two-year period the Plaintiff made repairs to the Property, including the roof. Therefore, Defendant was able to argue that the investigation was prejudiced. Defendant was also able to document the Plaintiff’s continued inability to comply with discovery requirements.

A hearing on the Motion for Summary Judgment was set for February 2023, with trial set for March 2023. Based on the Motion for Summary Judgment, combined with the well-documented inability of Plaintiff to comply with discovery, Plaintiff agreed to dismiss the matter with no money paid by Defendant. Read More.

Case:
Imperial Lakes Group, LLC et al v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Tabares Law, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo secured a dismissal with prejudice in the matter styled Imperial Lakes Group, et al v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for its claim for damage to its property resulting from Hurricane Irma. Defendant filed its Motion for Summary Judgment, arguing that Plaintiff lacked the requisite insurable interest at the time of loss. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.
Case:
Stephen Woodson v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Feldman & Lopez, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo secured a dismissal with prejudice in the matter styled Stephen Woodson v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim resulting from a plumbing leak. Following the deposition of the insured, during which Mr. Teijelo secured favorable testimony in support of Defendant’s position that the damage at issue was pre-existing, Plaintiff dismissed the case. Read More.
Case:
Jose M. Hernandez, et al v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Pardo Law Firm, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez obtained a dismissal with prejudice in the matter styled Jose M. Hernandez, et al v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Tropical Storm Eta. Defendant filed its Motion for Summary Judgment, based on the policy’s exclusion for damage cause by wear and tear, and the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.
Case:
Liberty Extraction & Drying, LLC a/a/o Ana Chavarria v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Property Litigation Group
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez and Associate Marie Macias secured a dismissal in the matter styled Liberty Extraction & Drying, LLC a/a/o Ana Chavarria v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the loss, an alleged plumbing leak, was not a covered cause of loss specifically enumerated in the named perils insurance policy, and thus, Plaintiff’s claim was frivolous in nature. Upon receipt of the motion, Plaintiff dismissed the case. Read More.
Case:
Paramount Property Restoration Corp a/a/o Katiuska Hernandez v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Pardo Law Firm, P.A.
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez and Associate Marie Macias obtained a dismissal with prejudice in the matter styled Paramount Property restoration Corp a/a/o Katiuska Hernandez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of Plaintiff’s invoice for services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, maintaining the position that it had properly issued payment pursuant to the statutory limit. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.
Case:
AAA Restoration, LLC a/a/o Wilfredo Perez v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez and Associate Taylor Montanari secured a dismissal with prejudice in the matter styled AAA Restoration, LLC v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for its claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits executed more than three years after Hurricane Irma. Defendant filed its Motion to Dismiss, and served its Motion for Sanctions Pursuant to Florida Statute §57.105, contending that Plaintiff’s claim was barred by the statute of limitations. Defendant relied on Florida Statute §627.70132, which requires notice of a hurricane claim be provided within three years of the date of loss. As Plaintiff’s purported assignment was executed outside of those three years, Plaintiff’s claim was barred. Upon receipt of the motions, Plaintiff dismissed the case. Read More.
Case:
Quick Mold Lab, Inc. a/a/o Tomasa Raffo v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo obtained a dismissal in the matter styled Quick Mold Lab, Inc. a/a/o Tomasa Raffo v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, making the argument that the assignee stands in the shoes of the assignor, that the insured/assignor had not complied with the post-loss duties imposed by the policy, and that the services provided by Plaintiff would only be covered if the costs were a result of a covered peril. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.
Case:
Top Mold Solutions, LLC a/a/o Tomasa Raffo v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo obtained a dismissal in the matter styled Top Mold Solutions, LLC a/a/o Tomasa Raffo v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, and was therefore invalid and unenforceable; thus, Plaintiff lacked standing to file suit. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.
Case:
Linder, Charles and Paula v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
C. Brock Law PLLC
Result:
Summary Judgment
Summary:
Senior Associate Taylor Claudon obtained a favorable result in a first-party property matter styled Linder, Charles and Paula v. Defendant Insurance Company. Plaintiff filed suit against Defendant Insurance Company alleging Defendant breached the insurance policy by not providing coverage for alleged damages to the Plaintiff’s property. The Plaintiff specifically claimed that on July 18, 2021, a windstorm occurred at the Plaintiff’s property, causing damage to the roof and subsequent water damages to the interior of the property. However, after Defendant received Plaintiffs’ insurance claim, Defendant conducted an inspection of the Plaintiffs’ property and concluded that the alleged damages to the property were caused by wear, tear, and age-related deterioration of the roof, which are not covered under the Plaintiffs’ homeowners insurance policy.
 
Defendant filed its Motion for Summary Judgment, arguing that Plaintiff bears the burden to establish that a windstorm first damaged the property, causing an opening, which rain entered, and damaged the interior of the Plaintiffs’ property. The Defendant further argued that the Plaintiff cannot establish that the roof was damaged by a covered peril under the homeowners’ insurance policy. In addition, the Defendant argued that the only visible damage to the roof was the result of wear, tear, and age-related damage, which is excluded under the Plaintiffs’ policy. Therefore, Defendant argued that Plaintiff cannot establish a covered loss under the Policy. The Court agreed with Defendant and entered an Order for Final Summary Judgment in favor of the Defendant. Plaintiff initially demanded $85,000. Read More.
Case:
Jeune, Thalerand v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Roger A. Alvarez, P.A.
Result:
Dismissal with Prejudice
Summary:
Senior Associate Taylor Claudon obtained a favorable result in a first-party property matter styled Jeune, Thalerand v. Defendant Insurance Company. Plaintiff filed suit against Defendant Insurance Company, alleging Defendant breached the insurance policy by not providing coverage for alleged damages to the Plaintiff’s property. The Plaintiff specifically claimed that on July 10, 2021, a supply line in the kitchen leaked, causing water damages to numerous areas of Plaintiff’s property. However, after Defendant Insurance Company received Plaintiff’s insurance claim, Defendant had an engineer conduct an inspection of the Plaintiff’s property and concluded that the alleged damages to the property were the result of constant and repeated seepage. In the Plaintiff’s deposition, she testified that she had noticed the leak eight to ten months prior to July 10, 2021.
 
 
Defendant filed its Motion for Summary Judgment, arguing that the policy of insurance does not provide coverage for damages caused by constant or repeated seepage or leakage of water over a period of weeks, months, or years, unless the seepage or leakage was unknown to all insureds and is hidden within the walls or ceilings of the property. The Defendant further argued that based upon the Plaintiffs’ testimony, the kitchen supply line was constantly leaking water over a period of eight to ten months and the leakage was known to her and not hidden. Therefore, the Defendant argued that the reported damage to the Plaintiff’s property is not covered under the insurance policy.
 
 
On the eve of the hearing to argue Defendant’s Motion for Summary Judgment, Plaintiff filed a Notice of Voluntary Dismissal with Prejudice. The Defendant had an expired Proposal for Settlement for $500 inclusive of attorney’s fees and costs. Plaintiff initially demanded $25,460. Read More.
Case:
Practice Area:
Attorney(s):
Plaintiff Counsel:
Schilling & Silvers PLLC (Aaron Silvers)
Result:
Favorable Verdict
Summary:
Net Verdict $10,540; Pretrial Demand $84,851; First-Party Property (Lee County); Plaintiff Counsel: Schilling & Silvers PLLC
 
On May 24, 2023, Partners Brittany Cocchieri, Esq., and James Sparkman, Esq., obtained a favorable verdict in a first-party property matter styled Andrea Bennett and Mark Bennett v. Defendant Insurance Company
 
This Trial Team convinced the jury to return a verdict of $10,540 with a pretrial demand of $84,851.14. The plaintiff attorneys presented a case based largely on sympathy for the homeowners who retired to Southwest Florida from West Virginia, and had “their dream home shattered” by tropical storm Eta. The insured husband ended his testimony with an impassioned plea, with tears, to the jury for a reasonable figure for their ordeal.  
 
The defense countered that the homeowners never noticed any wind event damage in or around their home, including limb or asphalt shingle debris, gutter damage, or leaks. The claim was actually triggered by a kitchen remodel (10 months after the storm) that was discovered by the contractor, who put the insureds in touch with a public adjuster that had previously represented the contractor on his own claim. The plaintiffs played the video taken by the contractor, which showed water coming down kitchen walls from the roof, as it rained on the first day of demolition.  
 
The defense presented the field adjuster, the corporate representative, and a roofing engineer from Miami. The trial judge rejected the carrier’s directed verdict based on complete lack of evidence of a wind event that created an opening in the roof as required under the policy. The jury deliberated for 2 hours. A motion for judgment non obstante veredicto is being considered at this time. Read More.
Case:
Practice Area:
Attorney(s):
Plaintiff Counsel:
Rosenfeld & Nitch, PA (Nicole Rosenfeld and Heather Nitch),  Pita, Weber, Del Prado (Randy Weber),  Quintana Law, PA, (Brittany Quintana Marti)
Result:
Defense Verdict
Summary:
Alleged Water Leak, Broward County , Defense Verdict, Rosenfeld & Nitch, PA, Pita, Weber, Del Prado, Quintana Law, PA

After a three (3) day jury trial, on December 15, 2022, Otto Espino and Jonah Kaplan obtained a full defense verdict on behalf of Universal Property and Casualty for a covered claim in a First-Party Property matter styled Laura Arroyo v. Universal Property & Casualty Ins. Co.

The lawsuit arose, due to a an alleged water leak sustained by Universal’s Insured (Laura Arroy) to a hallway bathroom that allegedly damaged laminate flooring in the bathroom, hallway and the adjoining bedrooms. After receipt of the claim, Universal adjusted the claim and extended coverage. Prior to the lawsuit, Universal paid Plaintiff for Coverage A Dwelling in the gross amount of $16,168.73. During the pre-suit claim adjustment period, Plaintiff provided a Sworn Proof of Loss (“SPOL’) indicating a demand of $67,665.08. At trial, Plaintiff presented another estimate for a reduced amount. The Plaintiff relied upon this contractor as her damage expert.

The evidence was presented that Universal complied with the Policy payment conditions by issuing payment for the full amount of damages. Mr. Espino successfully argued that the Insured/Plaintiff was not entitled to any further compensation under the Policy. After two hours of deliberations, the jury fully agreed and entered a full defense verdict.  Read More.
Case:
Truviewmold, LLC a/a/o Sue Demmings v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC
Result:
Dismissal with Prejudice 
Summary:
Miami Senior Partner Anthony Perez Esq., and Associate Alec Teijelo Esq., secured a dismissal with prejudice in the matter styled Truviewmold, LLC a/a/o Sue Demmings v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered after Hurricane Irma pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, maintaining the position that the mold testing services provided by Plaintiff would only be covered if the costs were a result of a covered peril, and that the underlying claim was not covered by the policy, as its ability to investigate the loss had been prejudiced by a failure to report the damage until two years after the hurricane. Just before the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More
 
Case:
Restoration Cleaning Services, Inc. a/a/o Miriam Muniz v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC
Result:
Dismissal with Prejudice 
Summary:
Miami Senior Partner Anthony Perez Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Restoration Cleaning Services, Inc. a/a/o Miriam Muniz v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered after Tropical Storm Gordon pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, based on the policy’s exclusion for damage cause by wear and tear, the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property, and the position that the tarp services provided by Plaintiff would only be covered if the costs were a result of a covered peril. Before the hearing on Defendant’s motion, Plaintiff dismissed the case.  Read More
 
Case:
Restoration Doctor, Inc. a/a/o Miriam Muniz v. Defendant Insurance Company 
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC
Result:
Dismissal  
Summary:
Miami Senior Partner Anthony Perez, Esq., and Associate Alec Teijelo Esq., obtained a dismissal in the matter styled Restoration Doctor, Inc. a/a/o Miriam Muniz v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered after Tropical Storm Gordon pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, based on the policy’s exclusion for damage cause by wear and tear, the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property, and the position that the shrink-wrap services provided by Plaintiff would only be covered if the costs were a result of a covered peril. Following receipt of the motion, Plaintiff dismissed the case. Read More
 
Case:
Restoration 911 Mitigation LLC a/a/o Ariel Arcia v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Behnejad Law, PLLC  
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez Esq., and Associate Alec Teijelo Esq., obtained a dismissal with prejudice in the matter styled Restoration 911 Mitigation LLC a/a/o Ariel Arcia v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to water mitigation services rendered at the insured property pursuant to an assignment of benefits. Plaintiff alleged that it was entitled to proceeds under the reasonable emergency measures provision of the policy, which covers necessary measures taken to protect property from further damage. Defendant filed its Motion for Summary Judgment, maintaining the position that the services rendered by Plaintiff, 19 months after the date of loss, were not reasonable, necessary, or emergency, and therefore not covered by the policy. Following receipt of the motion, Plaintiff dismissed the case. Read More
 
Case:
Beacon Management Services LLC a/a/o Ariel Arcia v. Defendant Insurance Company  
Practice Area:
Attorney(s):
Plaintiff Counsel:
Behnejad Law, PLLC  
Result:
Dismissal with Prejudice 
Summary:
Miami Senior Partner Anthony Perez Esq., and Associate Alec Teijelo Esq., obtained a dismissal with prejudice in the matter styled Beacon Management Services LLC a/a/o Ariel Arcia v. Defendant Insurance Company.  Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to mold remediation services rendered at the insured property pursuant to an assignment of benefits. Plaintiff alleged that it was entitled to proceeds under the policy’s additional coverage for fungi, wet or dry rot, yeast, or bacteria. Defendant filed its Motion for Summary Judgment, maintaining the position that the underlying loss was excluded from coverage, and additional coverage that could relate to mold remediation only applies when the costs are the result of a covered peril. Just before the hearing on the motion, Plaintiff dismissed the case.  Read More
 
Case:
JD Restoration, Inc. a/a/o Cala Paint Service, Inc. v . Defendant Insurance Company  
Practice Area:
Attorney(s):
Plaintiff Counsel:
Weisser Elazar & Kantor, PLLC
Result:
Dismissal with Prejudice 
Summary:
Miami Senior Partner Anthony Perez Esq., and Associate Alec Teijelo Esq., obtained a dismissal with prejudice in the matter styled JD Restoration, Inc. a/a/o Cala Paint Service, Inc. v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to tarp services rendered at the insured property pursuant to an assignment of benefits. Plaintiff alleged that it was entitled to proceeds under the reasonable emergency measures provision of the policy, which covers necessary measures taken to protect property from further damage. Defendant filed its Motion for Summary Judgment, maintaining the position that the services rendered by Plaintiff, 20 months after the date of loss, were not reasonable, necessary, or emergency, and therefore not covered by the policy. In advance of the hearing the motion, Plaintiff dismissed the case. Read More
 
Case:
Garcia v. Pittman
Practice Area:
Attorney(s):
Plaintiff Counsel:
Clark & Martino (J. Daniel Clark)
Result:
Summary Judgment GRANTED for Defendant where Plaintiff alleged he was rendered a quadriplegic

Summary:

Tampa Senior Partner Jeffrey Benson, Esq., obtained summary judgment in Citrus County in matter styled Garcia v. Pittman.  Plaintiff claimed he was crushed by a falling tree branch on Defendant’s property and that defendant destroyed the evidence of the tort afterwards by cleaning up her yard.  

After extensive discovery and briefing, the court denied Plaintiff’s spoliation claim going through a three prong analysis. First, Plaintiff had not proven that actual evidence of a tort ever existed, or, if it did exist that the specific tree branch that hit Plaintiff could have ever been identified.  Second, the court ruled Defendant did not have a duty to preserve the tree debris. The court adopted our argument that Citrus County code required Defendant to clean up her yard. Third, the court found no viable theory of liability against Defendant.  Plaintiff did NOT show that cleaning up the accident site deprived him of the ability to prove his case (because he never had a case).  It was also noted that there is no indication Defendant acted in bad faith, as she called her insurer to investigate the scene before she hired a professional tree company to remove the branches.

The court found “there is not even a mere scintilla of evidence to suggest [Defendant] failed to maintain the trees…” and that “absent sanctions for spoliation, Plaintiff cannot meet his burden to establish the accident occurred due to [Defendant’s] failure to use reasonable care in maintaining her property.”  Further, Defendant had no duty to warn because the dangerous condition was known to Plaintiff and was open and obvious to him.  The trial court’s ruling was affirmed by the Fifth District Court of Appeal. Read More.

Case:
Dri-Max Restoration, LLC a/a/o Sue Demmings v. Defendant Insurance Company    
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC  
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., secured a dismissal with prejudice in the matter styled Dri-Max Restoration, LLC a/a/o Sue Demmings v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits executed more than 3 years after Hurricane Irma. Defendant filed its Motion to Dismiss, and served its Motion for Sanctions Pursuant to Florida Statute §57.105, contending that Plaintiff’s claim was barred by the statute of limitations. Defendant relied on Florida Statute §627.70132, which requires notice of a hurricane claim be provided within 3 years of the date of loss. As Plaintiff’s purported assignment was executed outside of those 3 years, Plaintiff’s claim was barred. Upon receipt of the motions, Plaintiff dismissed the case. Read More
Case:
Jose Quintanilla v. Defendant Insurance Company 
Practice Area:
Attorney(s):
Plaintiff Counsel:
Southern Law Group
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled Jose Quintanilla v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a plumbing leak. After obtaining several Court Orders with which Plaintiff failed to comply, Defendant filed its Motion to Dismiss. On the eve of the hearing on Defendant’s Motion, Plaintiff dismissed the case.  Read more
Case:
Dolphin Water Restoration Corp. a/a/o Nelson Cabrera v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Watson et Barnard, PLLC 
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., obtained a dismissal in the matter styled Dolphin Water Restoration Corp. a/a/o Nelson Cabrera v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus Plaintiff lacked standing to file suit. Upon receipt of the motion, Plaintiff dismissed the case. Read more
Case:
Florida Restoration Specialist, Inc. a/a/o Gilda Artaza v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Ligman Martin, P.L. 
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal in the matter styled Florida Restoration Specialist, Inc. a/a/o Gilda Artaza v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, and served its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the insured had no remaining rights to assign to Plaintiff at the time the purported assignment was executed, as an appraisal award had been entered prior to the assignment. Upon receipt of the motions, Plaintiff dismissed the case. Read more
Case:
Dry Guys, Inc. a/a/o Sarah Hartman v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
HL Law Group, P.A. (Darion Montes de Oca)
Result:
Dismissal
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured a dismissal on August 4, 2022 in the First-Party Property matter styled Dry Guys, Inc. a/a/o Sarah Hartman v. Defendant Insurance Company. Defense filed a Motion to Dismiss with Prejudice based on the Plaintiff’s standing as an assignee of benefits. Specifically, the assignment of benefits attached to Plaintiff’s Complaint did not contain within it an itemized per-unit estimate of the services that were to be provided within the four corners of the agreement. Instead, the Plaintiff attached an estimate that was prepared after the date the assignment of benefits was executed by the Insured, as an additional exhibit to the Complaint. While the Motion to Dismiss was pending hearing, the Fourth District Court of Appeal issued their opinion in Kidwell Group, LLC v. United Prop. & Cas. Ins. Co., 343 So. 3d 97 (Fla. 4th DCA 2022), which was directly on point. As such, we filed a notice of authority citing the new opinion in support of our Motion to Dismiss. The client was willing to discuss settlement, but upon receiving a demand from Plaintiff that was far from reasonable given the pending Motion to Dismiss, the client elected to proceed. The morning before the hearing, Plaintiff filed their Notice of Voluntary Dismissal.  Read more
Case:
Argos Properties LLC d/b/a Smuggler Marine v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Law Office of Howard Levine 
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal in the matter styled Argos Properties LLC d/b/a Smuggler Marine v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the commercial insurance contract by not paying all amounts due for damage to a marina resulting from Hurricane Irma. Defendant filed its Motion for Summary Judgment, maintaining the position that Plaintiff had failed to provide the requested sworn proof of loss, thus failing to comply with a condition precedent to filing suit, constituting a material breach of the policy. Upon receipt of the motion, Plaintiff dismissed the case. Read more
Case:
Peter Harmon & Debra Harmon v. First Protective Insurance Company d/b/a Frontline Insurance
Practice Area:
Attorney(s):
Plaintiff Counsel:
Morgan & Morgan (Mark Kahley, Esq.)
Result:
No Attorney's Fees Permitted
Summary:

Senior Associate Tabitha Jackson, Esq., and her team in Tallahassee recently won a Motion to Strike Attorney’s Fees under § 627.401, Florida Statutes in matter styled Peter Harmon & Debra Harmon v. First Protective Insurance Company d/b/a Frontline Insurance. In Florida, you may sue for indemnity and also fees. Though, in the event an insurance policy was delivered to an insured out of the State of Florida, an insured is prohibited from seeking fees. This is helpful when an insured sues for damage to a vacation home or second home, though the applicable insurance policy was delivered and issued to the insured at their homestead place of residence (outside of Florida). Here, Frontline had delivered the applicable policy to New Hampshire, for an insured property located in Florida. Though, because the policy was issued and delivered to New Hampshire, the insureds were prohibited from seeking fees under § 627.428, Florida Statutes.

Case:
Bobbili v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
David Low & Associates
Result:
Dismissal with Prejudice
Summary:

Junior Partner Matthew Wendler, Esq., obtained a dismissal with prejudice in First Party Property matter on January 2, 2022, the eve of trial, putting an end to the litigation that had been ongoing for over two years. The complaint in Bobbili v. Defendant Insurance Company was filed in July 2019, following Defendant’s denial of the insureds’ claim for water damage and mold on the basis of long-term leakage or seepage. Before suit was filed, Defendant was unable to determine the specific cause and origin of the loss because the insureds opted not to retain a contractor to cut out the affected drywall to repair the system or appliance from which the leak emanated. After suit was filed, Plaintiffs did not mitigate their damages: they did not retain a contractor to fix the leak, so it continued to cause damage to their home.

Following the depositions of the plaintiffs’ general contractor and engineer, Defendant timely filed a motion for summary judgment. Due to the court’s unilateral cancelation of the special-set hearing on the motion, Defendant was unable to have it heard prior to trial. Plaintiffs’ opposition to the motion included an affidavit signed by one of the plaintiffs crafted in a manner to create a factual issue for trial, to suggest that the loss resulted from a faulty December 2017 repair such that all ensuing damages relating to the March 2018 claim would be covered under the policy.

When the parties exchanged exhibits, Plaintiffs produced two photographs that had not previously been produced in discovery. Defendant suspected that the photographs were not taken in December 2017 (as suggested in the affidavit used to oppose the motion for summary judgment) and requested Plaintiffs to produce the original photographs so the metadata could be analyzed. Upon receipt of the original photographs, produced two days before trial, the metadata showed that the photographs were taken almost a year before what had been represented in the affidavit. Upon discovery of this information, Defendant informed Plaintiffs and offered to not pursue fees and costs from the long-expired nominal proposals for settlement if Plaintiffs filed a notice of dismissal with prejudice. Plaintiffs filed the notice of dismissal with prejudice on January 2, 2022, the eve of trial, putting an end to the litigation that had been ongoing for over two years.

Case:
Ramon Fernandez v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Mena Law Firm
Result:
Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Ramon Fernandez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Hurricane Irma. Defendant filed its Motion for Summary Judgment, maintaining the position that Plaintiff failed to comply with his duty to provide prompt notice of the claim, and that its investigation of the claim was prejudiced by Plaintiff not reporting his claim until two years after the loss. In advance of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.

Case:
Rene Su v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Moises Gross
Result:
Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Rene Su v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a roof leak. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by wear and tear, and the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property. Defendant also filed its Motion to Strike the Affidavit of Plaintiff’s Expert, arguing that the affidavit was speculative, conclusory, and legally insufficient. Just before the hearing on Defendant’s Motions, Plaintiff dismissed the case.

Case:
Virginia Baist v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Marin, Eljiak, Lopez, and Martinez, P.L.
Result:
Summary Judgment
Summary:

Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained summary judgment in the matter styled Virginia Baist v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a plumbing leak in her kitchen. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by constant or repeated seepage or leakage of water. Upon receipt of the motion, Plaintiff’s counsel withdrew from the case, and Plaintiff proceeded pro se. Finding an absence of evidence to support Plaintiff’s case, the Court granted Defendant’s Motion for Summary Judgment.

Case:
Sue Demmings v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Marin, Eljiak, Lopez, and Martinez, P.L.
Result:
Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Sue Demmings v. Defendant Insurance Company filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from Hurricane Irma. Defendant filed its Motion for Summary Judgment, asserting the argument that Plaintiff failed to comply with her duty to provide prompt notice of the claim, and that its investigation of the claim was prejudiced by Plaintiff not reporting her claim until two years after the loss. Just before the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.

Case:
Emergency Mold & Water Remediation, LLC a/a/o Betsy Fernandez & Alejandro Marquez v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Mario Serralta & Associates
Result:
Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matterstyled Emergency Mold & Water Remediation, LLC a/a/o Betsy Fernandez & Alejandro Marquez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, arguing that the purported assignment of benefits was invalid and unenforceable, as the insured had no benefits left to assign at the time it was executed, and thus Plaintiff lacked standing. On the eve of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.

Case:
Miriam Muniz v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney
Result:
Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Miriam Muniz v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from Tropical Storm Gordon. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by wear and tear, and the lack of any evidence of a peril created opening in the roof that allowed rain water to enter the property. Upon receipt of the motion, Plaintiff dismissed the case.

Case:
South Florida Restoration Service a/a/o Kendale Woods North Condominium Association v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Hernandez Legal Group
Result:
Dismissal
Summary:

Miami Junior Partner Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled South Florida Restoration Service a/a/o Kendale Woods North Condominium Association v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to more than $140,000 in services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, and served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the purported assignment failed to comply with Florida Statute Section 627.7152, was therefore invalid and unenforceable, and thus Plaintiff lacked standing to file suit. Upon receipt of the motions, Plaintiff dismissed the case.

Case:
Projekt Property Restoration, Inc., a/a/o Yessenia & Andres Arias v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Carollo Law, P.A. (Caroline M. Carollo)
Result:
Final Summary Judgment
Summary:

On January 12, 2022, Miami Senior Partner, Jorge Padilla, Esq., secured final summary judgment in a first-party insurance case styled Projekt Property Restoration, Inc., a/a/o Yessenia & Andres Arias v. Defendant Insurance Company. Plaintiff, the assignee of the named insured, made a claim against the insured’s homeowner’s insurance carrier arising out of water damage mitigation services rendered in connection with a loss that reportedly occurred as a result of Hurricane Irma. Defendant denied Plaintiff’s claim due to the absence of any evidence of wind damage to the home.

Seeking substantial damages, including attorney’s fees costs, Plaintiff alleged that the denial of their claim constituted a breach of the insured’s homeowner’s insurance policy. By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiff’s causation expert stricken pursuant to Daubert.. After securing that ruling, Mr. Padilla filed a motion for final summary judgment. In response to the motion for summary judgment, Plaintiffs argued that there was sufficient circumstantial evidence to create a material issue of fact – issues that were thoroughly briefed by Mr. Padilla and ultimately rejected by the Court. Mr. Padilla is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement that he served early in the litigation.

Case:
Practice Area:
Attorney(s):
Plaintiff Counsel:
Bild Law Firm (Adam Bild); Cheffy Passidomo, P.A. (Debbie Crocket)
Result:
Verdict of $125,918.63 ACV
Summary:

Verdict of $125,918.63 ACV - April 21, 2022 - Three-Day Jury Trial in Lee County.

Fort Myers Senior Partner Patrick Boland, Esq., Senior Associate Brittany Cocchieri, Esq., and Fort Lauderdale Managing Partner William Peterfriend, Esq., obtained a favorable result in a Hurricane Irma property claim for damages to a property located in Fort Myers, Florida. The matter styled Joe L. Pressler v. Tower Hill Signature Insurance Company involved a condemned property due to Hurricane Irma damage and pre-existing damage, as well as Plaintiff’s failure to conduct timely and adequate repairs after Hurricane Irma. The Defense was successful in having the trial issues limited to damages under Coverages A (Dwelling) and B (Other Structures) only, though Plaintiff was originally claiming damages under Coverages C (Personal Property) and D (Additional Living Expenses) as well. The Defense successfully had the claims under Coverages C and D abated, due to Plaintiff’s failure to timely provide any documentation in support of those claims until the month of trial. This significantly lessened the potential exposure at trial for our client, as before those claims were abated, Plaintiff’s demand was significantly more than what Plaintiff ultimately asked for at trial for Coverages A and B. At trial for Coverages A and B, Plaintiff asked for $317,450.38.

The case was tried over three days before Chief Judge Michael McHugh in Lee County. Our client, Tower Hill, insured the Plaintiff’s property at the time of Hurricane Irma. Plaintiff timely reported a claim for Hurricane Irma damage to Tower Hill, but was thereafter unresponsive and failed to maintain communication with Tower Hill, forcing Tower Hill to eventually close the claim due to inactivity and unresponsiveness. Tower Hill later re-opened the claim on its own volition, and ultimately issued a $100,667.24 check to Plaintiff for his property damages, after removal of recoverable depreciation at $35,288.70 and the applicable hurricane deductible of $5,100. Plaintiff received but did not endorse the check, later claiming a satisfied lienholder was incorrectly listed as a payee and the check amount was not enough for his damages. However, Plaintiff never advised Tower Hill of any issue or disagreement with the check amount or payees, and Plaintiff ultimately held onto the check for years after receiving it while the property continued to deteriorate to the point Lee County condemned the home.

The Defense did not dispute that the property was damaged by Hurricane Irma, but argued that the extent of the damages sustained was exacerbated by the Plaintiff’s failure to do anything with the $100,667.24 check he admitted at trial to receiving. Plaintiff also admitted at trial that despite receiving the check, he never advised Tower Hill of any disagreement he had with the amount and never advised Tower Hill that he could not cash the check because it listed a satisfied lienholder. Plaintiff also admitted at trial that it was the lienholder’s fault – not Tower Hill’s – for not timely filing the appropriate documentation regarding the satisfaction. Plaintiff also admitted that he never advised Tower Hill at any time that the lien was satisfied, despite his policy and the payment letter clearly requesting he advise Tower Hill if any of the lienholders listed are inaccurate. More than two years passed after Plaintiff received the check but before he filed a lawsuit against Tower Hill. At no point during those two-plus years did Plaintiff communicate with Tower Hill or request the check be re-issued so he could complete repairs to his property. All parties’ experts agreed at trial that the damages significantly worsened over time. 

The Defense also argued that the Plaintiff’s roof had pre-existing damage in the form of visible holes and depressions in the roof, and that the roof of this property was by no means in pristine let alone satisfactory condition. This was argued to illustrate the pre-loss condition of the property, as a property insurance policy only requires the insurer to put the property back in its pre-loss condition after a covered loss. Plaintiff at trial requested an amount not only in excess of policy limits but also in excess of what the property pre-loss was worth based on the poor condition of the roof. The Defense called the Plaintiff’s neighbor as a witness who testified that she has lived across the street from the Plaintiff for several years and saw the hole in the roof every single day. The neighbor testified that the hole in the roof significantly grew in size over time and existed long before Hurricane Irma. The neighbor also testified that she never saw any roof repairs done prior to Hurricane Irma – which was an issue, as Plaintiff argued repairs were completed just prior to Hurricane Irma. The Court did not allow the Defense to call a representative from Lee County Code Enforcement as a witness to testify regarding the pre-loss condition of the property or the several ongoing code violations the Plaintiff has received for his property for years before Hurricane Irma. 

Opposing counsel asked the jury in closing argument to award Plaintiff $317,450.38 total for damages under Coverage A - Dwelling and Coverage B - Other Structures ($242.19 for a light post on the property), for which the limits of coverage under the policy are $255,000.00 and $5,100.00 respectively. Ultimately the jury returned a verdict finding the total replacement cost value of damages to the Plaintiff’s property under Coverages A and B combined to be $153,125.80, and applicable depreciation to be $27,207.17. Based on the jury’s factual findings, the actual cash value of damages to the Plaintiff’s property is calculated to be $125,918.63. The Defense has filed a post-trial Motion to Determine Verdict Reductions or Application of Set-Offs, which is still pending before the Court. Read more.

Case:
Escalona v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Result:
Voluntary Dismissal
Summary:

Miami Junior Partner Karma Hall, Esq., obtained a voluntary dismissal in a first-party breach of contract action in matter styled Escalona v. Citizens Property Insurance Corporation. The matter was brought by a named insured following denial of a plumbing claim. Defendant filed a motion for summary judgment, arguing that plaintiff lacked evidence of compliance with policy post-lost conditions. Rather than proceed on the merits of the Motion for Final Summary Judgment, the plaintiff voluntarily dismissed the lawsuit for breach of contract. Read More.

Case:
Diana Carrasco Landauer v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
Silverberg Brito
Result:
Partial Summary Judgment/Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., obtained partial summary judgment followed by a dismissal with prejudice in the matter styled Diana Carrasco Landauer v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a balcony/window leak. Defendant filed its Motion for Summary Judgment, maintaining the position that the interior damage caused by rain was not covered by the policy as there was no evidence that the rain water entered the property through a peril created opening. In response to the motion, despite Plaintiff having testified that the claimed damage was the result of rain water entering her property, Plaintiff attempted to change the cause of loss from a balcony/window leak to a plumbing leak, filing an affidavit signed by a supposed expert in support of this new theory. Mr. Perez then secured partial summary judgment in favor of Defendant, as to any damages claimed by Plaintiff resulting from rain, and sought the deposition of Plaintiff’s supposed expert, seeking the basis for the opinion asserted in his affidavit. Just before that deposition, Plaintiff dismissed the case. Read More.

Case:
Water Dryout, LLC a/a/o James Battaglia v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
David Low & Associates
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Water Dryout, LLC a/a/o James Battaglia v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, and its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that Plaintiff lacked standing, as the purported assignment was invalid, and a misrepresentation.

Defendant’s motions were based on an affidavit executed by the insured, attesting to the fact that the signature on the purported assignment was not his, that he did not sign any contract with the Plaintiff, and that he did not even hire the Plaintiff to perform any services at his property. Just before the hearing on Defendant’s motions, Plaintiff dismissed the case. Read More.

Case:
General Contractors of Central Florida a/a/o Nelfrad Similien v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
PZ Law Firm
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled General Contractors of Central Florida a/a/o Nelfrad Similien v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Following the deposition of the insured, during which Mr. Perez secured favorable testimony in support of Defendant’s position that the damage at issue was the result of constant or repeated seepage or leakage of water, Plaintiff dismissed the case. Read More.

Case:
General Contractors of Central Florida a/a/o Nelfrad Similien v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
Militzok & Levy
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled National Water Restoration a/a/o Elizabeth Phillip and Andre Vulcain v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Following the deposition of the insured, during which Mr. Perez secured favorable testimony in support of Defendant’s position that the damage at issue was the result of faulty, inadequate or defective workmanship and repair, Plaintiff dismissed the case. Read More.

Case:
911 Restoration, Inc. a/a/o Cutler Venture, LLC v. Citizens Property Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Mineo Salcedo Law Firm
Result:
Dismissal
Summary:

Miami Junior Partner Anthony Perez, Esq., obtained a dismissal in the matter styled 911 Restoration, Inc. a/a/o Cutler Venture, LLC v. Citizens Property Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the loss, an alleged plumbing leak, was not a covered cause of loss specifically enumerated in the named perils insurance policy, and thus Plaintiff’s claim was frivolous in nature. Upon receipt of the motion, Plaintiff dismissed the case. Read More.

Case:
Emergency Remediation Services, LLC a/a/o Luis Mesa v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
Trujillo Vargas Gonzalez Hevia
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Emergency Remediation Services, LLC a/a/o Luis Mesa v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, presenting the argument that Plaintiff failed to provide notice of its purported assignment prior to filing suit, that Defendant’s contractual obligations are not triggered until the moment notice of the assignment is provided, and that it could not be said that Defendant had denied a valid claim which could have given rise to a breach of contract action. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.

Case:
William Guy v. Tower Hill Select Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Morgan & Morgan
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled William Guy v. Tower Hill Select Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Hurricane Irma. Defendant served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the loss was expressly excluded by a policy endorsement, and thus Plaintiff’s claim was frivolous in nature. Upon receipt of the motion, Plaintiff dismissed the case. Read More.

Case:
So. Fla. Water Restoration, Inc. a/a/o Francisco Paris v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
Silverberg Brito
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled So. Fla. Water Restoration, Inc. a/a/o Francisco Paris v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, making the argument that the insured had not complied with the post-loss duties imposed by the policy, by failing to submit to an examination under oath, and as an assignee standing in the shoes of the assignor, Plaintiff was not entitled to the recovery of any benefits under the insurance policy. Following receipt of the motion, Plaintiff dismissed the case. Read More.

Case:
Bernard Etienne v. Citizens Property Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Insurance Litigation Group
Result:
Dismissal with Prejudice
Summary:

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Bernard Etienne v. Citizens Property Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of damages sustained to his property from Hurricane Irma. Defendant filed its Motion for Summary Judgment, maintaining the position that Plaintiff failed to comply with the insurance policy’s appraisal provision. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.

Case:
The Restoration Team a/a/o Yania Padilla v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
Strems Law Firm
Result:
Dismissal with Prejudice
Summary:

Miami Junior Partner Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled The Restoration Team a/a/o Yania Padilla v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, making the argument that the services rendered by Plaintiff, which were performed 17 months after the date of loss, did not constitute necessary emergency measures, and were therefore not covered under the insurance policy. Following receipt of the motion, and just before the deposition of its corporate representative, Plaintiff dismissed the case. Read More.

Case:
Besner Sanon v Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Plaintiff Counsel:
Litigation & Recovery Law Center
Result:
Dismissal
Summary:

Anthony Perez, Esq., obtained a dismissal in the matter styled Besner Sanon v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a plumbing leak in the kitchen. Defendant maintained its position that the loss was excluded from coverage pursuant to the insurance policy’s provision pertaining to damage caused by constant or repeated seepage or leakage of water, and the applicable anti-concurrent cause provision. On the eve of trial, Plaintiff dismissed the case. Read More.

Case:
Venture Construction Group of Florida a/a/o Fearn v. FedNat Insurance
Practice Area:
Attorney(s):
Result:
Summary Judgement Affirmed
Summary:
Stuart Managing Partner Lauren Smith, Esq., received a good result in matter styled Venture Construction Group of Florida a/a/o Fearn v. FedNat Insurance when the Fourth District Court of Appeal issued a per curiam affirmance of a summary judgment in favor of FedNat. The court found that the Plaintiff roofing company lacked standing to sue because its AOB was rendered invalid for lack of consideration when the insureds sold the property before plaintiff performed any repairs. Read more
Case:
Certified Priority Restoration a/a/o Krempler v. CPIC
Practice Area:
Attorney(s):
Result:
Summary Judgment Affirmed
Summary:
Stuart Managing Partner Lauren Smith, Esq., obtained summary judgment in a matter styled Certified Priority Restoration a/a/o Krempler v. CPIC. In a six-page opinion, the Fourth District Court of Appeal affirmed summary judgment for Citizens on the $3,000 water mitigation cap, finding that the mitigation contractor’s “request” to exceed the cap, which was buried within the AOB contract, was a gotcha tactic that did not warrant payment above $3,000. Read more
Case:
Danny Laurent and Adolfo Gonzalez Rossell v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:
Miami Junior Partner Cristina Sevilla was successful in securing final summary judgment in a first-party property matter styled Danny Laurent and Adolfo Gonzalez Rossell v. Citizens Property Insurance Corporation. Plaintiffs, represented by Marin, Eljaiek, Lopez & Martinez, P.L., made a claim against Defendant for loss to their property caused by a roof leak reported to have occurred on July 26, 2019. Following the denial of their claim, Plaintiffs filed suit against Defendant alleging it breached the policy of insurance by failing to provide coverage for the loss. After Plaintiffs’ deposition testimony revealed the claimed damages stemmed from a roof leak that occurred in June 2018, not July 26, 2019 as reported, Defendant moved for final summary judgment on the grounds that the loss occurred outside of the effective term of the policy. In response, Plaintiffs relied on the affidavit of professional engineer Grant Renne, who opined that the alleged property damage was the result of a storm event that occurred on July 26, 2019. The trial court granted summary judgment in favor of Defendant after finding that the opinions set forth in Mr. Renne’s affidavit were blatantly contradicted by the record and insufficient to create a genuine issue of material fact. Read more
Case:
Creative Investors Inc., Michael Faucher and Gisele Faucher v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Result
Final Summary Judgment
Summary:
Miami Junior Partner Cristina Sevilla successfully secured final summary judgment in a first-party property matter styled Creative Investors Inc., Michael Faucher and Gisele Faucher v. Citizens Property Insurance Corporation. Plaintiffs, represented by Moises Gross, PLLC, alleged the insurance proceeds issued by Defendant were insufficient to repair the damage sustained to their property caused by vandalism. Prior to the filing of their lawsuit, Plaintiffs lost title to the insured property in a foreclosure action brought by the superior mortgagee. Discovery revealed Plaintiffs made only minimal repairs prior to losing the property and failed to maintain any records evidencing the repairs made or expenses incurred. Defendant moved for final summary judgment on the grounds that Plaintiffs were unable to prove damages beyond the payment issued by Defendant. Plaintiffs failed to submit any summary judgment evidence to overcome this argument and the trial court granted final summary judgment in favor of Defendant, finding that Plaintiffs’ claim for damages was factually unsupported. Read more
Case:
ELR Restoration Inc. A/A/O Jose Alemany v. Auto Club Insurance Company of Florida
Practice Area:
Attorney(s):
Result:
Dismissal with Prejudice
Summary:
Senior Associate Alec Masson, Esq., obtained a Dismissal with Prejudice in the matter of ELR Restoration Inc. A/A/O Jose Alemany v. Auto Club Insurance Company of Florida. The Plaintiff, ELR Restoration Inc. (“ELR”), as an assignee of the named insured, sued Auto Club under a breach of contract theory alleging that Auto Club failed to pay for services that, per the Complaint, were “to be rendered” and “to be provided” pursuant to a Work Authorization and Assignment of Benefits executed by the named insured. ELR’s Complaint attached and incorporated the Work Authorization and Assignment of Benefits and its Invoice at issue as Exhibits to its Complaint. The plain language of the Work Authorization and Assignment of Benefits provided for direct payment to ELR “for the services that are performed in conjunction with the [insurance claim]” and also stated that the Assignment of Benefits was provided to it in “consideration for” “repairs” made. ELR’s Invoice also clearly illustrated that its services consisted of “roof inspection” and “roof assessment” services and did not include any repair services.  
 
We filed a Motion to Dismiss ELR’s Complaint arguing that Plaintiff failed to state a cause of action and that the Exhibits incorporated into ELR’s Complaint negated its cause of action and rendered any future amended complaints futile. The Court agreed and granted our Motion to Dismiss with prejudice.  Read more
Case:
John and Suzanne Akucewicz v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Result:
Summary Judgment
Summary:
Miami Junior Partner Anthony Perez, Esq., obtained summary judgment in the matter styled John and Suzanne Akucewicz v. Citizens Property Insurance Corporation. The Plaintiff filed suit claiming damage to their property from a sudden and accidental discharge of water from within a plumbing system. Mr. Perez argued that there was no evidence of any damage to the property resulting from the reported plumbing discharge, and to the extent there could have been any damage, our client was entitled to a presumption of prejudice which the Plaintiff failed to rebut. The Court agreed, finding a lack of evidence to support Plaintiffs’ claim, and a presumption of prejudice that Plaintiffs failed to overcome. Read more
Case:
Baker v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Result:
Appellate
Summary:
In the matter styled Baker v. Citizens Property Insurance Corporation, Lauren Smith, Esq., Managing Partner of our Stuart office, successfully defended the plaintiff-insured’s appeal of a summary judgment on a statute of limitations issue involving Citizens’ election to repair the insured’s sinkhole damage. Read more
Case:
Express Damage Restoration, LLC A/A/O Ivan Williams, v. Citizens Property Insurance Corporation,
Practice Area:
Attorney(s):
Result:
Voluntary Dismissal With Prejudice
Summary:

Junior Partner Karma Hall, Esq., and Junior Partner Justin Schwerling, Esq., obtained a Voluntary Dismissal With Prejudice in a First Party Breach of Contract Action brought by an Assignee water restoration company, under an Assignment by the named insured. In the case, styled Express Damage Restoration, LLC A/A/O Ivan Williams, v. Citizens Property Insurance Corporation, Plaintiff contended that services provided under the assignment of benefits were covered. Defendant filed a Motion for Final Summary Judgment, arguing that Plaintiff lacked evidence to meet its burden of proof on the Policy’s peril created opening provision. Rather than proceed on the merits of the Motion for Final Summary Judgment, Plaintiff voluntarily dismissed with prejudice its claim for breach of contract. Read more

Case:
Xpress Restoration Inc. a/a/o Yleana Ferrera v. Citizens
Practice Area:
Attorney(s):
Result:
Voluntary Dismissal
Summary:

Senior Associate Lauren Wages, Esq., obtained a Voluntary Dismissal with Prejudice in a matter styled Xpress Restoration Inc. a/a/o Yleana Ferrera v. Citizens. We filed a motion for summary judgment based on the pre-suit payment of the $3,000 reasonable emergency measures limit under the policy for accidental discharge or overflow of water from within the plumbing system. Plaintiff dismissed the lawsuit with prejudice on the eve of our hearing on the motion for summary judgment as Plaintiff was unable to provide any summary judgment evidence showing that the limit was inapplicable. Read more

Case:
Jesus Marisol Gamarra v. Citizens Property Insurance Corporation
Practice Area:
Attorney(s):
Result:
Dismissal for Nominal Charges
Summary:

In matter styled Jesus Marisol Gamarra v. Citizens Property Insurance Corporation, Junior Partners Jeremy Fischler, Esq., and Matthew Wendler, Esq., convinced Plaintiff and the Property Law Advocates (formerly The Strems Law Firm), to settle a roof damage claim for $500.00, inclusive of attorney’s fees and costs, after nearly four (4) years of litigation. The matter involved an allegation that the Plaintiff suffered wind damage at her Broward County property in February, 2017. After the claim was inspected by a field adjuster, it was determined that there was no wind damage to the property, and the claim was denied. The Strems Law Firm immediately filed suit, and to avoid summary judgment retained an engineer to claim that there was wind damage to the roof. Plaintiff’s water mitigation company also retained an expert to assert that there was wind damage to the roof.  Plaintiff testified, as most Insureds do, that she noticed damage to her property and contacted the appropriate people to assist her with the claim. However, after diligently uncovering that Plaintiff withheld pertinent information in the policy application and during litigation, we persuaded Plaintiff to dismiss the claim for nominal damages.  Read more

Case:
Practice Area:
Attorney(s):
Result:
Summary Judgment
Summary:

Partner Jonah Kaplan, Esq., recently obtained full Summary Judgment in a First-Party Property matter styled Timothy and Dorothy Maxwelll v. Centauri. The matter stemmed from a homeowner’s claim for water damage from a plumbing loss. Plaintiffs were seeking in excess of $200,000. Prior to this lawsuit, Centauri issued payment in full in the amount of $10,000 to the Plaintiffs for the alleged loss based on a Limited Water Damage Coverage Endorsement. The Court found that as a matter of law, there is no ambiguity in the Policy and Plaintiffs are only owed $10,000. The Policy contained a Water Damage Exclusion Endorsement, which the Court found to exclude all of the direct and indirect damages related to the plumbing loss.  The Limited Water Damage Coverage Endorsement (CSH FL LWD 08 14) only provides for $10,000 in direct damages, but does not in any manner, affect the exclusion of the indirect damages referenced in the Water Damage Exclusion Endorsement.  The Court further found there is no coverage under the Policy for damages for tear out and replacement for any part of Plaintiffs’ home to repair the failed plumbing system by virtue of the Water Damage Exclusion Endorsement (CSH FL WDE 03 10 16). Thus, the Policy capped all of the Plaintiffs’ direct and indirect damages (including but not limited to tear out and replacement and loss of use) for their alleged claim to $10,000.  The Court found that the Plaintiffs were only entitled to recover $10,000 for direct physical damages as a result of the alleged loss pursuant to the Limited Water Damage Coverage Endorsement.  Read more

Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

Miami Senior Associate Cristina Sevilla successfully secured a final summary judgment in a first-party property matter styled Maria Calvo and Rem Manuel Calvo v. Citizens Property Insurance Corporation. Plaintiffs made a claim with Citizens, their homeowner’s insurance carrier, for damage to their property as a result of a failed cast iron plumbing system. Prior to Citizens inspection of the residence, the failed plumbing system was replaced and the damaged property was removed and discarded. Citizens requested a recorded statement and supporting documents in order to evaluate the claim, but its requests were ignored. As a result, Citizens was prejudiced in its ability to investigate the claim and arrive at a coverage decision. Subsequently, Plaintiffs filed suit alleging Citizens breached the insurance policy by not providing coverage for the loss. Ms. Sevilla moved for final summary judgment with regard to Plaintiffs non-compliance with the policy’s post-loss obligations. Ultimately, the trial court granted summary judgment in favor of Citizens on the grounds that Plaintiffs failed to comply with the pre-suit requirements of the policy that they, among other things, show the damaged property, provide requested documentation, and submit to a recorded statement. Ms. Sevilla is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more

Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

On March 20, 2020, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Ramon Rodriguez v. Citizens Property Insurance Corporation.  Plaintiff made a claim against his homeowner’s insurance carrier for a loss that reportedly occurred as a result of Hurricane Irma.  Plaintiff’s claim for interior water damage was denied due to the absence of any evidence of wind damage to the home.  After engaging in preliminary discovery, Mr. Padilla moved for final summary judgment.  In response, Plaintiff’s counsel relied on the deposition testimony of his client, who merely testified that his roof was not leaking prior to the hurricane and commenced leaking approximately three days after it made landfall in Miami-Dade County.  Relying on well-settled law that causation cannot be established by post hoc reasoning, Mr. Padilla prevailed on the motion for final summary judgment and is now  pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more

Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

On November 27, 2019, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Raul Ruiz, et al. v. Citizens Property Insurance Corporation.  Plaintiffs made a claim against their homeowner’s insurance carrier for a loss that reportedly occurred as a result of a ruptured pipe under the slab of their property.  Plaintiffs claimed that the tile flooring within their home became un-bonded as a result of water that penetrated the slab of the home. Seeking substantial damages, including attorney’s fees costs, Plaintiffs alleged that the denial of their claim constituted a breach of their homeowner’s insurance policy.  By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiffs’ expert stricken for repeated violations of discovery orders.  After securing that ruling, Mr. Padilla filed a motion for final summary judgment. Read more

Case:
Practice Area:
Attorney(s):
Result:
Voluntary Dismissal
Summary:

Tallahassee Associate Tabitha Jackson, Esq., obtained a Voluntary Dismissal in a matter styled Smart Storm Solutions, LLC a/a/o Brinkley v. Tower Hill Prime Insurance Company. Plaintiff, as a purported assignee of the insured, filed a breach of contract suit in June 2019, without any facts, evidence, or information permitting payment of benefits under the insured’s homeowners insurance policy. Five months later, an inflated estimate was provided to Tower Hill with a demand for $80,000, inclusive of fees. Discovery was propounded on Smart Storm, though they failed to respond, failed to produce any evidence of work performed (or to be performed), and failed to respond to multiple inquiries for depositions. Read more

Case:
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

Tampa Associate Lauren Wages, Esq., obtained good result when the court granted Defendant Citizens’ Motion for Final Summary Judgment on February 6, 2020 in matter styled Leonor Ferrerio v. Citizens Property Insurance Corporation. Plaintiff filed suit due to an alleged leak that originated in the garage from a water heater causing water to flow to the interior of Plaintiff’s home causing damage. In support of its Motion for Final Summary Judgment, Citizen submitted an affidavit of its expert who concluded that the garage where the water heater was located sat at a lower elevation than the living space slab and that the elevation of the garage sloped away from the living space. The expert further opined that there was no visible evidence of water damage related to a recent water heater leak. Citizens submitted a second affidavit confirming similar findings by its field adjuster at the time of his inspection. Plaintiff submitted an affidavit in opposition executed by the Plaintiff which the court found failed to controvert Defendant’s summary judgment evidence. The court specially found that “no cogent explanation has been brought forth by Plaintiff countering Citizens’ expert opinions that water flows down hill.” Read more

Case:
Practice Area:
Attorney(s):
Result:
Plaintiff Voluntary Dismissal with Prejudice
Summary:

Partners Jonah Kaplan, Esq., and Jeremy Fischler, Esq., received a good result in a First-Party Property matter when just prior to the hearing on the Motion for Summary Judgment, Plaintiff filed a Voluntary Dismissal with Prejudice. The lawsuit in matter styled State 2 State Restoration a/a/o Gabriel Rodriguez v. Centauri stemmed from a homeowner’s claim for water damage from a plumbing loss.The Plaintiff a third party vendor performed water mitigation as a result of a plumbing leak at the insured’s Property pursuant to an assignment of benefits.  The policy contained a Water Damage Exclusion Endorsement that excluded coverage for damages caused by plumbing leaks. Read more

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict
Summary:

On August 16, 2019, Stuart Office Managing Partner Lauren Smith, Esq. obtained a Defense Verdict in the five day trial of Bocinsky v. Federated National Insurance Company. The case involved a Hurricane Matthew price and scope dispute with several claims handling issues that were unfortunately allowed into evidence at trial, including the timing of Federated National’s post-suit cure payment for $60,000 after the claim had originally been found to be below the deductible. Plaintiff sought an additional $160,000 at trial, including $100,000 for a completely destroyed dock and seawall, which the Defense maintained were excluded by the water damage/storm surge exclusion. Read more

Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:

Stuart Managing Partner Lauren Smith, Esq. obtained a motion for summary judgment in a  first-party insurance matter. In the case styled Water Extraction Team a/a/o Sonderman v. FedNat, Plaintiff received a partial assignment of insurance benefits from FedNat’s insured.  Three days later, FedNat and the insured entered into a settlement agreement that encompassed the entire claim.  Plaintiff moved for summary judgment, arguing that the release did not apply to its portion of the claim because the assignment preceded FedNat’s settlement.  Read more

Case:
Practice Area:
Attorney(s):
Result:
$125,431.56 Fee & Cost Judgment against Plaintiff
Summary:

Stuart Managing Partner Lauren Smith, Esq. obtained a favorable result in matter styled Pelecki v. FedNat. when trial court granted  - $125,431.56 Fee & Cost Judgment against Plaintiff. This first-party case was brought by a husband and wife for Hurricane Matthew damage.  On behalf of FedNat, we served separate proposals for settlement on the Plaintiffs, each with a setoff condition that applied if only one proposal was accepted.  The proceeds received by the settling spouse would be set off against any verdict obtained by the remaining spouse.  Mr. Pelecki accepted his $30,000 proposal while Mrs. Pelecki opted to go to trial.  The jury awarded Mrs. Pelecki just $15,000 of the $130,000 she sought in damages.  Post-verdict, the trial court setoff the $30,000 settlement from the $15,000 verdict, resulting in a net zero judgment in FedNat’s favor.  Read more

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Summary Judgment
Summary:

On October 17, 2019, Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained final summary judgement in the matter of JL Shoes v. Downtown Investments Corp. It was alleged by Plaintiff that Hurricane Irma caused damage to the building in which plaintiff leased retail space. The Plaintiff alleged that the building owner negligently maintained the roof, and that as a result, the retail store had been severely damaged causing the loss of the store’s entire inventory of shoes.  Plaintiff sought damages for the lost inventory, consequential damages, as well as moving and build out costs. It was successfully argued on behalf of the building owner that Plaintiff had failed to establish with any reasonable degree of certainty the damages that it had suffered. Read more

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Roca v. Citizens
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Summary Judgment Affirmed
Summary:
Stuart Managing Partner Lauren Smith, Esq., received a good result in matter styled Roca v. Citizens when the Second District Court of Appeal issued a per curiam affirmance of a summary judgment for Citizens based on the policy’s notice and inspection requirements where the insureds failed to report the loss until after important evidence had been removed and discarded by a water mitigation company. Read more
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Defense Verdict: First-Party Property Slab Leak
Summary:

On July 19, 2018, Managing Partner Dan Santaniello, Esq. and Miami Associate Cristina Sevilla, Esq. received a complete defense verdict in a first-party property matter styled German Chavez and Maria Del R Morales v. Citizens Property Insurance Corporation. Plaintiffs made a homeowner’s insurance claim alleging their property was damaged as a result of a hot water supply line leak beneath the floor slab. At trial, Plaintiffs offered the expert opinions of Grant Renne, P.E. who testified the water discharge caused tile debondment and foundational damage.  Plaintiffs’ loss consultant, Ricardo Tello, estimated the cost of repairs to be in excess of $90,000. While the parties stipulated that an accidental discharge of water beneath the floor slab did occur, Defendant maintained there was no direct physical loss to covered property as a result of the water discharge.   Read More