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.
