Verdicts by Attorney: Perez, Anthony
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Ramon Fernandez 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 Irma. Defendant filed its Motion for Summary Judgment, maintaining the position that Plaintiff failed to comply with his duty to provide prompt notice of the claim, and that its investigation of the claim was prejudiced by Plaintiff not reporting his claim until two years after the loss. In advance of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Rene Su 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 roof leak. Defendant filed its Motion for Summary Judgment, based on the insurance 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 rain water to enter the property. Defendant also filed its Motion to Strike the Affidavit of Plaintiff’s Expert, arguing that the affidavit was speculative, conclusory, and legally insufficient. Just before the hearing on Defendant’s Motions, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained summary judgment in the matter styled Virginia Baist 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 plumbing leak in her kitchen. Defendant filed its Motion for Summary Judgment, based on the insurance policy’s exclusion for damage caused by constant or repeated seepage or leakage of water. Upon receipt of the motion, Plaintiff’s counsel withdrew from the case, and Plaintiff proceeded pro se. Finding an absence of evidence to support Plaintiff’s case, the Court granted Defendant’s Motion for Summary Judgment.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Sue Demmings v. Defendant Insurance Company 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 filed its Motion for Summary Judgment, asserting the argument that Plaintiff failed to comply with her duty to provide prompt notice of the claim, and that its investigation of the claim was prejudiced by Plaintiff not reporting her claim until two years after the loss. Just before the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matterstyled Emergency Mold & Water Remediation, LLC a/a/o Betsy Fernandez & Alejandro Marquez 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 for Summary Judgment, arguing that the purported assignment of benefits was invalid and unenforceable, as the insured had no benefits left to assign at the time it was executed, and thus Plaintiff lacked standing. On the eve of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., and Associate Alec Teijelo, Esq., obtained a dismissal with prejudice in the matter styled Miriam Muniz 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 Tropical Storm Gordon. Defendant filed its Motion for Summary Judgment, based on the insurance 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 rain water to enter the property. Upon receipt of the motion, Plaintiff dismissed the case.
Miami Junior Partner Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled South Florida Restoration Service a/a/o Kendale Woods North Condominium Association 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 more than $140,000 in services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, and served Plaintiff with its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that the purported assignment failed to comply with Florida Statute Section 627.7152, was therefore invalid and unenforceable, and thus Plaintiff lacked standing to file suit. Upon receipt of the motions, Plaintiff dismissed the case.
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.