Senior Associate Attorney William Dennis obtained a favorable result in a First-Party Property matter styled Dialys Cabello Gonzalez and Ainier Ramon Vidal Plasencia v. Defendant Insurance Company. Plaintiffs filed suit against Defendant Insurance Company for breach of contract. They specifically claimed that their bathroom and kitchen sinks were backing up, causing flooding/water damage. Defendant Insurance Company requested a recorded statement from the Plaintiffs, as well as other documents, but never received them. Defendant also hired a Professional Engineer, who opined that any damage to the bathroom and kitchen area was caused by wear and tear. The Plaintiffs sent an invoice for $22,207.67 as well as an estimate of damages for $117,698.41.
Defendant filed its Motion for Summary Judgment, arguing that the Plaintiffs failed to comply with their post loss duties, which indemnified Defendant from payment for this claim. Further, Defendant argued that any damage to the subject property was caused by wear and tear, which is not covered under the Plaintiffs’ insurance policy. The Court, and Honorable Judge Don T. Hall agreed with Defendant, and entered an Order for Final Summary Judgment in favor of the Defendant. The Plaintiffs rejected Defendant’s Proposal for Settlement, which means that they will be required to pay for Attorneys fees and costs incurred by Defendant.
