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
