Motion for Summary Judgment Granted in a Late Reported Hurricane Case

Posted in Verdicts and Settlements on July 18, 2022

Bill Mitchell was recently  successful on a Motion for Final Summary Judgment.  The Court granted the Motion in favor of the insurer finding that as a result of the Insureds’ late reporting of their claim for Hurricane damages the insurer was entitled to a presumption of prejudice and that upon review of the evidence presented, the Insureds had failed to rebut the presumption of prejudice.  As such, there was no coverage for the Insureds’ loss and summary judgment was appropriate.  The Insurer will now be seeking an award of fees and costs as the result of an expired proposal for settlement.  

Bill Mitchell is a partner and leads the first party practice division in the firm’s Tampa office. Please reach out to him if you would like some more details regarding other favorable outcomes in first party property matters.