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Case:
JNE Enterprises, Inc. d/b/a Moldone Experts a/a/o Jacqueline Varela v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Peregonza The Attorneys, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., secured a dismissal with prejudice in the matter styled JNE Enterprises, Inc. d/b/a Moldone Experts a/a/o Jacqueline Varela v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage of Plaintiff’s claim for payment relating to a mold assessment conducted at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Final Summary Judgment, arguing that the assignee stands in the shoes of the assignor, that the assignor’s loss was the result of constant or repeated seepage or leakage of water and therefore excluded form coverage under the policy, and that the mold assessment conducted by Plaintiff would only be covered if the costs were a result of a covered peril. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice. Read More.