News & Events

William M. “Bill” Mitchell, Sr. recently prevailed on a motion for summary judgment in a late reported Hurricane Irma claim in Collier County. The Insurer will now be seeking an award of fees and costs as the result of an expired proposal for settlement. 

Jesse C. Dyer and Noelia C. Vaccaro recently prevailed on a motion for final summary judgment in a homeowner’s insurance case in Miami-Dade County, in which the Plaintiff alleged that the insurer materially breached the insurance policy by failing to make payment for mold testing. The Court agreed that the insurance policy only provided coverage for mold testing to the extent there was reason to believe mold was present, and Plaintiff’s affidavits failed to create a genuine issue of material fact because they were conclusory in nature.

Samuel Spinner, appellate associate, and Mark Goldstein, associate, recently prevailed on a motion for summary judgment in a negligence case on the grounds of workers’ compensation immunity. The plaintiff represented the estate of a worker who suffered a fatal injury during a construction project. The defendant general contractor moved for summary judgment on the basis that it was the decedent’s statutory employer and entitled to immunity. The trial court granted summary judgment, rejecting the plaintiff’s arguments that the decedent’s status as an undocumented worker and fact that the decedent was not paid for his work for the week of the accident precluded the defense from asserting workers’ compensation immunity.

Orlando partner, Atheseus R. Lockhart, recently prevailed on a motion for summary judgment.

Samuel Spinner, Michael J. Bonfanti, and Taylor Hansford recently prevailed on a motion for summary judgment in a late reported Hurricane Irma claim in Indian River County, where they argued the Plaintiffs materially breached the contract for insurance by failing to timely report the underlying loss, and submit a timely Sworn Statement in Proof of Loss to the insurance company that significantly prejudiced the carrier’s ability to make a reasonably informed coverage determination.