William Mitchell and Jesse Dyer Secure Summary Judgment in a First Party Property Case

Posted in Verdicts and Settlements on May 9, 2024

Partner William Mitchell, Sr. and associate Jesse Dyer obtained final summary judgment in a first party property claim on behalf of a major Florida homeowners insurance carrier. The claim arose from damages originating from a defective shower pan for which the Insurer denied coverage based on exclusions for long term seepage and leakage and pre-existing damages.  The Insureds’  argued that the cause of loss was a collapse of the subfloor below the 2nd story shower and therefore covered under the policy. However, after multiple hearings on the Insurer’s Motion the Court ruled that the Insureds failed to establish that a genuine issue of material fact existed as to whether or not the loss fell under the clear and unambiguous policy provision involving coverage for losses caused by collapse and that the Insurer had established that the damages were not covered under the policy of insurance.