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
