Roger A. Alvarez, P.A.

Dismissal with Prejudice

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.