Summary Judgment Secured in Homeowner’s Insurance Case

Posted in Verdicts and Settlements on April 14, 2023

Jesse C. Dyer and Augusto M. Vaccaro recently prevailed on a motion for final summary judgment in a homeowner’s insurance case in Miami-Dade County, in which the Plaintiffs alleged that the insurer materially breached the insurance policy by failing to make payment for property damage resulting from a plumbing failure. The Court agreed with the insurer that a $10,000 sublimit applied to the entirety of Plaintiffs’ insurance claim and that coverage under the sublimit had been exhausted. Plaintiffs contended that the $10,000 sublimit did not apply because the plumbing failure resulted in mold, but the Court rejected this argument both because there was not any timely, competent evidence supporting it and Plaintiffs’ mold theory was not alleged in the Complaint.