Verdicts by Attorney: Perez, Anthony

Senior Partner Anthony Perez and Senior Associate Dominic Fetchero secured a dismissal in the Duval County matter styled Jose & Cecilia Toro 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 Nicole. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for damage caused by wear and tear and deterioration, and the lack of any evidence of a peril created opening in the roof that allowed rainwater to enter the property. Following the filing of several motions to compel, Plaintiff dismissed the case.

FPP Managing Partner Anthony Perez and Junior Partner Justin Schwerling secured a dismissal with prejudice in the Collier County matter styled Beaver Restoration a/a/o Hugo Montero v. Defendant Insurance Company Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of its invoices relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, contending that it had fulfilled its obligations by exhausting the statutory limit set forth in Florida Statute §627.7152, and that Plaintiff’s purported assignment of benefits was invalid rendering Plaintiff without standing to maintain the lawsuit. Following receipt of Defendant’s motion, Plaintiff dismissed the case with prejudice.  

FPP Managing Partner Anthony Perez and Senior Associate Keyondra Parrish secured a dismissal with prejudice in the Seminole County matter styled Katherine Hansen v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from Hurricane Ian. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for damage caused by wear and tear and deterioration, and the lack of any evidence of a peril created opening in the roof that allowed rainwater to enter the property. In advance of her deposition, Plaintiff dismissed the case with prejudice.  

FPP Managing Partner Anthony Perez and Junior Partner Alec Teijelo secured a dismissal with prejudice in the matter styled Marisel Cabrera v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from Hurricane Irma. Defendant maintained its position that its ability to investigate the loss had been prejudiced by Plaintiff’s failure to report the loss until almost 3 years later, and the fact that the roof had been repaired and painted prior to the reporting the claim. In advance of the deposition of Plaintiff’s expert engineer, Plaintiff dismissed the case with prejudice. 

FPP Managing Partner Anthony Perez and Junior Partner Alec Teijelo secured a dismissal with prejudice in the matter styled Segundo Sosa v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Tropical Storm Eta. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for damage caused by wear and tear and deterioration, and the lack of any evidence of a peril created opening in the roof that allowed rainwater to enter the property. Following the deposition of the insured, during which Mr. Teijelo secured favorable testimony in support of Defendant’s position, Plaintiff dismissed the case with prejudice.  

FPP Managing Partner Anthony Perez and Senior Associate Keyondra Parrish secured a dismissal with prejudice in the matter styled Dade Mold Inspectors a/a/o Sun Dream Home v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for its claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Sanctions Pursuant to Florida Statute §57.105, as Plaintiff knew or should have known that Defendant had fulfilled its obligations concerning payment to Plaintiff consistent with the policy. In advance of the hearing on Defendant’s Motion, Plaintiff dismissed the case with prejudice.

FPP Managing Partner Anthony Perez and Junior Partner Cristina Sevilla secured a dismissal with prejudice in the matter styled Juana Navarro v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a roof leak. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for existing damage, as Defendant had previously issued payment to Plaintiff for the replacement of the roof. While Plaintiff alleged that she had replaced the roof with the payment received from Defendant pursuant to her prior claim, Defendant asserted that Plaintiff had not replaced the roof and was attempting to mislead Defendant in an attempt to secure a second payment from Defendant for the same roof. Following Defendant’s discovery that Plaintiff had submitted a fake invoice for the replacement of the roof, Plaintiff dismissed the case with prejudice.  

FPP Managing Partner Anthony Perez and Senior Partner Karma Hall secured a dismissal with prejudice in the matter styled You Restorations LLC a/a/o Johnny Tejada v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for services rendered by Plaintiff pursuant to an assignment of benefits following Tropical Storm Elsa. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for damage caused by wear and tear and deterioration, and the lack of any evidence of a peril created opening in the roof that allowed rainwater to enter the property. On the eve of trial, after three years of litigation, Plaintiff dismissed the case with prejudice.  

First-Party Property (FPP) Managing Partner Anthony Perez and Junior Partner Alec Teijelo secured final summary judgment in the matter styled Gabriel Gonzalez et al 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 Tropical Storm Eta. Defendant filed its motion for final summary judgment, maintaining its position on the denial of coverage based on the policy’s exclusion for damage caused by wear and tear and deterioration, and the lack of any evidence of a peril created opening in the roof that allowed rainwater to enter the property. Defendant’s motion was granted, final summary judgment was entered in favor of Defendant. 

Miami Senior Partner Anthony Perez and Junior Partner Cristina Sevilla secured final summary judgment in the matter styled Mercedes Mejia et al 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 Tropical Storm Eta.  As Plaintiffs reported their claim 1 ½ years after Tropical Storm Eta, 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 was entitled to a presumption of prejudice, and that Plaintiffs failed to rebut that prejudice, as the Affidavit of Guillermo Salinas on which Plaintiffs relied was conclusory, unsupported, and insufficient. Final Summary Judgment was entered in favor of Defendant. Read More.

Miami Senior Partner Anthony Perez secured a dismissal with prejudice in the matter styled Brickhouse Inspections, Inc. a/a/o Shameka Murphy v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. Just minutes before the hearing on Defendant’s motion, the case was dismissed with prejudice. Read More

Miami Senior Partner Anthony Perez and Associate Brittany Pryce secured a dismissal with prejudice in the matter styled Hilda Irene Lopez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to the roof and interior of her property resulting from a windstorm. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for damage caused by wear and tear, and the lack of any evidence of a peril created opening in the roof that allowed rainwater to enter the property. On the eve of the hearing on Defendant’s motion for order to show cause regarding Plaintiff’s failure to comply with a court order, Plaintiff dismissed the case with prejudice. Read More

Miami Senior Partner Anthony Perez and Tallahassee Associate Zuriel Denmark secured a dismissal with prejudice in the Leon County matter styled Gloria Gonzalez v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to the roof and interior of her property resulting from a windstorm. During mediation, Plaintiff was shown evidence of existing damage to her roof that directly contradicted the allegations asserted in this lawsuit. Plaintiff immediately dismissed the case with prejudice. Read More.

Miami Senior Partner Anthony Perez and Junior Partner Cristina Sevilla secured final summary judgment in the matter styled Father & Son Carpet Cleaning & Restoration LLC a/a/o Danay Cordova v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of its invoices relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, maintaining the position that the services rendered by Plaintiff were subject to the policy’s sublimit applying to reasonable emergency measures, and that Defendant had fulfilled its obligations by exhausting that limit with its payment to Plaintiff. Defendant’s motion was granted, and Plaintiff reimbursed Defendant for the costs incurred defending this lawsuit.

Miami Senior Partner Anthony Perez and Senior Associate Keyondra Parrish secured a dismissal with prejudice in the Lee County matter styled Gerald Joseph v. Defendant Insurance Company.  Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a kitchen plumbing leak. Defendant asserted its position that the claimed damage resulted from constant or repeated seepage or leakage of water and was therefore excluded from coverage. Just before his deposition, Plaintiff dismissed the case with prejudice. 

Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo secured a dismissal with prejudice in the matter styled Precise Home Inspection Services LLC a/a/o Fernando & Juana Suarez-Solis v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for its claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, as Plaintiff’s supplemental claim stemmed from a purported assignment executed more than three years after Hurricane Irma, and was thus barred by the statute of limitations set forth in Florida Statute §627.70132. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice.

Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo secured a dismissal with prejudice in the matter styled Pedro Monteagudo v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Hurricane Ian. Defendant filed its Motion for Summary Judgment, contending that the damage to the roof was caused by wear and tear, and that there was no evidence of a peril created opening in the roof that allowed rainwater to enter the property. Following the deposition of Plaintiff’s expert, during which Mr. Perez secured favorable testimony in support of Defendant’s position, and in advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice.

Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo secured a dismissal with prejudice in the matter styled 24/7 Restoration Group Corp a/a/o Pedro Monteagudo v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for its claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, and thus rendered Plaintiff without standing to maintain the lawsuit. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice.

Miami Senior Partner Anthony Perez and Senior Associate Alec Teijelo secured a dismissal with prejudice in the matter styled Jose Ferrufino et al v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the insurance contract by denying coverage for their claim for damage resulting from an AC leak. Defendant filed its Motion for Summary Judgment, based on the policy’s exclusions for existing damage and inadequate maintenance. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case with prejudice.

Senior Partner Anthony Perez and Associate Summer Sipes secured a dismissal with prejudice in the matter styled You Restorations LLC a/a/o Rodolfo Cruz v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of its invoices relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant maintained its position that the services rendered by Plaintiff were subject to the statutory limit set forth in §627.7152, and that it had fulfilled its obligations by exhausting that limit. Defendant also moved to strike Plaintiff’s claim for attorneys’ fees, contending that Plaintiff was no longer statutorily entitled to the recovery of its attorney’s pursuant to §627.428, §626.9373, or §627.7152. Defendant’s motion was granted, Plaintiff subsequently dismissed the case with prejudice. 

Miami Junior Partner Anthony Perez, Esq., obtained partial summary judgment followed by a dismissal with prejudice in the matter styled Diana Carrasco Landauer v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a balcony/window leak. Defendant filed its Motion for Summary Judgment, maintaining the position that the interior damage caused by rain was not covered by the policy as there was no evidence that the rain water entered the property through a peril created opening. In response to the motion, despite Plaintiff having testified that the claimed damage was the result of rain water entering her property, Plaintiff attempted to change the cause of loss from a balcony/window leak to a plumbing leak, filing an affidavit signed by a supposed expert in support of this new theory. Mr. Perez then secured partial summary judgment in favor of Defendant, as to any damages claimed by Plaintiff resulting from rain, and sought the deposition of Plaintiff’s supposed expert, seeking the basis for the opinion asserted in his affidavit. Just before that deposition, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Water Dryout, LLC a/a/o James Battaglia v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, and its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that Plaintiff lacked standing, as the purported assignment was invalid, and a misrepresentation.

Defendant’s motions were based on an affidavit executed by the insured, attesting to the fact that the signature on the purported assignment was not his, that he did not sign any contract with the Plaintiff, and that he did not even hire the Plaintiff to perform any services at his property. Just before the hearing on Defendant’s motions, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled General Contractors of Central Florida a/a/o Nelfrad Similien v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Following the deposition of the insured, during which Mr. Perez secured favorable testimony in support of Defendant’s position that the damage at issue was the result of constant or repeated seepage or leakage of water, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled National Water Restoration a/a/o Elizabeth Phillip and Andre Vulcain v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Following the deposition of the insured, during which Mr. Perez secured favorable testimony in support of Defendant’s position that the damage at issue was the result of faulty, inadequate or defective workmanship and repair, Plaintiff dismissed the case. Read More.

Miami Junior Partner Anthony Perez, Esq., obtained a dismissal in the matter styled 911 Restoration, Inc. a/a/o Cutler Venture, LLC v. Citizens Property Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the loss, an alleged plumbing leak, was not a covered cause of loss specifically enumerated in the named perils insurance policy, and thus Plaintiff’s claim was frivolous in nature. Upon receipt of the motion, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Emergency Remediation Services, LLC a/a/o Luis Mesa v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, presenting the argument that Plaintiff failed to provide notice of its purported assignment prior to filing suit, that Defendant’s contractual obligations are not triggered until the moment notice of the assignment is provided, and that it could not be said that Defendant had denied a valid claim which could have given rise to a breach of contract action. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled William Guy v. Tower Hill Select Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from Hurricane Irma. Defendant served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the loss was expressly excluded by a policy endorsement, and thus Plaintiff’s claim was frivolous in nature. Upon receipt of the motion, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled So. Fla. Water Restoration, Inc. a/a/o Francisco Paris v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, making the argument that the insured had not complied with the post-loss duties imposed by the policy, by failing to submit to an examination under oath, and as an assignee standing in the shoes of the assignor, Plaintiff was not entitled to the recovery of any benefits under the insurance policy. Following receipt of the motion, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Bernard Etienne v. Citizens Property Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of damages sustained to his property from Hurricane Irma. Defendant filed its Motion for Summary Judgment, maintaining the position that Plaintiff failed to comply with the insurance policy’s appraisal provision. On the eve of the hearing on Defendant’s motion, Plaintiff dismissed the case. Read More.

Miami Junior Partner Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled The Restoration Team a/a/o Yania Padilla v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, making the argument that the services rendered by Plaintiff, which were performed 17 months after the date of loss, did not constitute necessary emergency measures, and were therefore not covered under the insurance policy. Following receipt of the motion, and just before the deposition of its corporate representative, Plaintiff dismissed the case. Read More.

Anthony Perez, Esq., obtained a dismissal in the matter styled Besner Sanon v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for his claim for damage to his property resulting from a plumbing leak in the kitchen. Defendant maintained its position that the loss was excluded from coverage pursuant to the insurance policy’s provision pertaining to damage caused by constant or repeated seepage or leakage of water, and the applicable anti-concurrent cause provision. On the eve of trial, Plaintiff dismissed the case. Read More.