Verdicts by Attorney: Smith, Lauren J.

Greenberg, Marc M.; Smith, Lauren J.; Weinger, Daniel S.

Firm Name; (Attorney Name)

Motion for Summary Judgment

In the matter of Yosvani Gigato v. OHL USA, INC.; Community Asphalt, and Pierre Richard R. Clermont, Senior Partners Marc Greenberg, Esq., and Lauren Smith, Esq., and Senior Appellate Partner Daniel Weinger, Esq., obtained summary judgment based on workers’ compensation immunity in a negligence action brought by the injured employee of a subcontractor on a road construction project. Our team persuaded the trial court to reject Plaintiff’s arguments that the defense was barred by the doctrine of equitable estoppel.   Read more

Summary Judgment

Stuart Managing Partner Lauren Smith, Esq., was granted summary judgment in a premises liability matter styled Cardullo v. South Florida Materials. The case arose from a slip-and-fall at a fuel terminal in Port Everglades. Plaintiff claimed over $350,000.00 in damages. Read More.

Reversal of Several Portions of Fee Judgment

Lauren Smith, Esq., obtained reversal of several portions of a $150,000.00 fee judgment entered against Citizens in matter styled Citizens v. Casanas Appeal. This included a multiplier, resulting in a reduction of nearly $100,000.00. Read More.

Final Summary Judgment Affirmed

Lauren Smith, Esq., successfully obtained affirmance of a final summary judgment entered in Citizens’ favor on the issue of the $3,000.00 emergency water mitigation cap in matter styled All Insurance Restoration a/a/o Cediel v. Citizens. The Third DCA wrote an in-depth opinion agreeing with Citizens’ arguments, which will help defend against these claims in the future. Read More.

Venture Construction Group of Florida a/a/o Fearn v. FedNat Insurance

Appeals | Litigation Support; First Party Property

Summary Judgement Affirmed

Stuart Managing Partner Lauren Smith, Esq., received a good result in matter styled Venture Construction Group of Florida a/a/o Fearn v. FedNat Insurance when the Fourth District Court of Appeal issued a per curiam affirmance of a summary judgment in favor of FedNat. The court found that the Plaintiff roofing company lacked standing to sue because its AOB was rendered invalid for lack of consideration when the insureds sold the property before plaintiff performed any repairs. Read more

Certified Priority Restoration a/a/o Krempler v. CPIC

Appeals | Litigation Support; First Party Property

Summary Judgment Affirmed

Stuart Managing Partner Lauren Smith, Esq., obtained summary judgment in a matter styled Certified Priority Restoration a/a/o Krempler v. CPIC. In a six-page opinion, the Fourth District Court of Appeal affirmed summary judgment for Citizens on the $3,000 water mitigation cap, finding that the mitigation contractor’s “request” to exceed the cap, which was buried within the AOB contract, was a gotcha tactic that did not warrant payment above $3,000. Read more

Appellate

In the matter styled Baker v. Citizens Property Insurance Corporation, Lauren Smith, Esq., Managing Partner of our Stuart office, successfully defended the plaintiff-insured’s appeal of a summary judgment on a statute of limitations issue involving Citizens’ election to repair the insured’s sinkhole damage. Read more

Smith, Lauren J.., Wages, Lauren E.

Voluntary Dismissal

Senior Associate Lauren Wages, Esq., obtained a Voluntary Dismissal with Prejudice in a matter styled Xpress Restoration Inc. a/a/o Yleana Ferrera v. Citizens. We filed a motion for summary judgment based on the pre-suit payment of the $3,000 reasonable emergency measures limit under the policy for accidental discharge or overflow of water from within the plumbing system. Plaintiff dismissed the lawsuit with prejudice on the eve of our hearing on the motion for summary judgment as Plaintiff was unable to provide any summary judgment evidence showing that the limit was inapplicable. Read more

Defense Verdict

On August 16, 2019, Stuart Office Managing Partner Lauren Smith, Esq. obtained a Defense Verdict in the five day trial of Bocinsky v. Federated National Insurance Company. The case involved a Hurricane Matthew price and scope dispute with several claims handling issues that were unfortunately allowed into evidence at trial, including the timing of Federated National’s post-suit cure payment for $60,000 after the claim had originally been found to be below the deductible. Plaintiff sought an additional $160,000 at trial, including $100,000 for a completely destroyed dock and seawall, which the Defense maintained were excluded by the water damage/storm surge exclusion. Read more

Motion for Summary Judgment

Stuart Managing Partner Lauren Smith, Esq. obtained a motion for summary judgment in a  first-party insurance matter. In the case styled Water Extraction Team a/a/o Sonderman v. FedNat, Plaintiff received a partial assignment of insurance benefits from FedNat’s insured.  Three days later, FedNat and the insured entered into a settlement agreement that encompassed the entire claim.  Plaintiff moved for summary judgment, arguing that the release did not apply to its portion of the claim because the assignment preceded FedNat’s settlement.  Read more

$125,431.56 Fee & Cost Judgment against Plaintiff

Stuart Managing Partner Lauren Smith, Esq. obtained a favorable result in matter styled Pelecki v. FedNat. when trial court granted  - $125,431.56 Fee & Cost Judgment against Plaintiff. This first-party case was brought by a husband and wife for Hurricane Matthew damage.  On behalf of FedNat, we served separate proposals for settlement on the Plaintiffs, each with a setoff condition that applied if only one proposal was accepted.  The proceeds received by the settling spouse would be set off against any verdict obtained by the remaining spouse.  Mr. Pelecki accepted his $30,000 proposal while Mrs. Pelecki opted to go to trial.  The jury awarded Mrs. Pelecki just $15,000 of the $130,000 she sought in damages.  Post-verdict, the trial court setoff the $30,000 settlement from the $15,000 verdict, resulting in a net zero judgment in FedNat’s favor.  Read more