Conroy Simberg Attorneys Obtain Defense Win In $161 Million Fire Loss Case

Posted in Legal Alerts on June 10, 2022

Robert Horwitz, a partner in the firm’s West Palm Beach office, along with Diane Tutt, an appellate partner in the firm’s Hollywood office and Jared Ross, an associate in the firm’s Hollywood office, recently prevailed with a complete defense verdict after a three-week non-jury trial in Miami-Dade County. 

Conroy Simberg represented a defendant/cross defendant in a negligence case brought by the owners of the iconic Deauville Hotel in Miami Beach, which claimed $161 million in property damages and lost profits arising from a 2017 arc fire at the hotel. Our client was an electrical subcontractor who allegedly caused an overcurrent in the hotel’s electrical system.  The hotel has since been demolished. 

After a three week trial involving multiple electrical engineers and other experts, the Court, as the finder of fact, found that our client was not negligent and found there was no causal link between any activities of the defense side and the arc fire.  The court also found that the contractor who claimed indemnity against our client could not recover on that claim (which will also resolve a duty to defend claim), because the contractor which hired our client admitted for the first time on the stand that they “erred” and had our client sign the wrong contract.

We now have a claim for fees against the contractor for all defense fees