Verdicts by Attorney: Padilla, Jorge
On January 12, 2022, Miami Senior Partner, Jorge Padilla, Esq., secured final summary judgment in a first-party insurance case styled Projekt Property Restoration, Inc., a/a/o Yessenia & Andres Arias v. Defendant Insurance Company. Plaintiff, the assignee of the named insured, made a claim against the insured’s homeowner’s insurance carrier arising out of water damage mitigation services rendered in connection with a loss that reportedly occurred as a result of Hurricane Irma. Defendant denied Plaintiff’s claim due to the absence of any evidence of wind damage to the home.
Seeking substantial damages, including attorney’s fees costs, Plaintiff alleged that the denial of their claim constituted a breach of the insured’s homeowner’s insurance policy. By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiff’s causation expert stricken pursuant to Daubert.. After securing that ruling, Mr. Padilla filed a motion for final summary judgment. In response to the motion for summary judgment, Plaintiffs argued that there was sufficient circumstantial evidence to create a material issue of fact – issues that were thoroughly briefed by Mr. Padilla and ultimately rejected by the Court. Mr. Padilla is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement that he served early in the litigation.
On March 20, 2020, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Ramon Rodriguez v. Citizens Property Insurance Corporation. Plaintiff made a claim against his homeowner’s insurance carrier for a loss that reportedly occurred as a result of Hurricane Irma. Plaintiff’s claim for interior water damage was denied due to the absence of any evidence of wind damage to the home. After engaging in preliminary discovery, Mr. Padilla moved for final summary judgment. In response, Plaintiff’s counsel relied on the deposition testimony of his client, who merely testified that his roof was not leaking prior to the hurricane and commenced leaking approximately three days after it made landfall in Miami-Dade County. Relying on well-settled law that causation cannot be established by post hoc reasoning, Mr. Padilla prevailed on the motion for final summary judgment and is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more
On November 27, 2019, Miami Senior Partner, Jorge Padilla, secured Final Summary Judgment in a First-Party Property case styled Raul Ruiz, et al. v. Citizens Property Insurance Corporation. Plaintiffs made a claim against their homeowner’s insurance carrier for a loss that reportedly occurred as a result of a ruptured pipe under the slab of their property. Plaintiffs claimed that the tile flooring within their home became un-bonded as a result of water that penetrated the slab of the home. Seeking substantial damages, including attorney’s fees costs, Plaintiffs alleged that the denial of their claim constituted a breach of their homeowner’s insurance policy. By employing an aggressive discovery approach, Mr. Padilla was able to get Plaintiffs’ expert stricken for repeated violations of discovery orders. After securing that ruling, Mr. Padilla filed a motion for final summary judgment. Read more
Jorge Padilla, Senior Associate in the Miami office was granted a Motion for Final Summary Judgment in a contract dispute matter styled Monaco Exchange, Inc. vs. Mt. Vernon Fire Insurance. Co. (MVFIC) The Plaintiff is the named insured under a Business Coverage Form policy issued by Mount Vernon Fire Insurance Company. The Plaintiff claimed that it sustained a covered loss on or about May 17, 2012, when its principal place of business, a jewelry store, was burglarized and its inventory stolen. Read More