Case:
Francisco & Linda Espinosa v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Sheild Law Group of Florida
Result:
Final Summary Judgment
Summary:
Miami Senior Partner Anthony Perez secured final summary judgment in the matter styled Francisco & Linda Espinosa v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the insurance contract by denying coverage for their claim for damage to their property resulting from Hurricane Irma. As Plaintiffs reported their claim 2 ½ years after Hurricane Irma, and made repairs to the roof and interior of their property prior to reporting the claim, Defendant filed its Motion for Final Summary Judgment, arguing that Plaintiffs had failed to comply with the policy’s duties after loss, failed to provide prompt notice of the loss, and prejudiced Defendant’s investigation of the loss. Defendant’s Motion was granted, as the Court found that Defendant had established that its ability to determine the cause and the extent of the reported damage had been prejudiced due to the passage of time, the changes in the condition to the property, the repairs made, the absence of documentation, and the other storms that occurred between the date of loss and the date the claim was reported. The Court further found that Plaintiffs had failed to rebut this prejudice, and that the Affidavit of David Benjamin Money on which Plaintiffs relied was conclusory and unreliable. Final Summary Judgment was entered in favor of Defendant. Read More
