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.
