Category: verdicts-and-settlements

Summary Judgment Granted in a Late Reported Irma Hurricane Case

Posted in Verdicts and Settlements on February 17, 2023

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. 

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Summary Judgment Obtained In Homeowner’s Insurance Case

Posted in Verdicts and Settlements on February 13, 2023

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.

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Summary Judgment Obtained in Hurricane Irma Claim

Posted in Verdicts and Settlements on February 2, 2023

Michael J. Bonfanti recently prevailed on a motion for summary judgment in a late reported Hurricane Irma claim in Indian River County, where he 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.

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Orlando Attorneys Secure a Favorable Verdict in an Admitted Auto Liability Case

Posted in Verdicts and Settlements on January 30, 2023

Rod Lundy, a partner, and Tylar Heintz, an associate, both of our Orlando office, secured a favorable verdict in an admitted liability auto jury trial where defense experts testified to existence of an non-permanent injury, and defendants conceded $30,000 of the $179,000 in past medicals. As such, the judge granted Plaintiff a directed verdict  on the issue of causation for the soft tissue injuries but allowed the defense to dispute causation and permanency.   

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Tiffany Miles Wins a Daubert Motion

Posted in Verdicts and Settlements on November 14, 2022

Orlando associate attorney, Tiffany Miles, recently won a “Daubert” Motion, striking a plaintiff’s tire manufacturing and design engineer expert with over thirty years of experience in an auto negligence case pending in Volusia County, Florida. Ms. Miles deposed the expert engineer and composed the motion, arguing that per Fla. Stat. 90.702(1), the expert had come to conclusions that were speculative, bore no relation to the facts of the case, were not based upon “sufficient facts or data” to stand alone, and were rife with inadmissible “inference stacking.” After an evidentiary hearing with a proffer by the Plaintiff and cross-examination of the tire expert, the Court granted defendant’s motion in full; finding the expert had not relied upon the facts of the sufficient to meet the standard of admissibility of expert testimony. The Court refused to admit any testimony by the expert at trial.

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