August 5, 2024 | Verdicts and Settlements

Noelia Vaccaro Secures Victory with Dismissal in AOB Claim

Noelia C. Vaccaro recently prevailed on a motion to dismiss in an AOB case in Miami-Dade County, in which the Plaintiff filed a declaratory judgment action based on an alleged assignment of post-loss benefits (AOB) executed by the insured in late 2021. Defendant argued that the AOB failed to include a written, itemized, per-unit cost estimate of the services to be performed, only providing a price list, which violates section 627.7152(2)(a)4. The Court agreed with the Defendant, which held that a price list does not meet statutory requirements. The attached invoices were not incorporated into the AOB, rendering them insufficient to meet the statutory requirement.

July 10, 2024 | Verdicts and Settlements

Tallahassee Attorneys Achieve Defense Verdict in First Property Case Involving a Roof Leak

Michael Bonfanti, partner, and Nicholas Monk, associate from the Tallahassee office recently obtained a defense verdict on behalf of Citizens Property Insurance Corporation. This case was a total denial of claimed roof damage and interior damage resulting from the entry of water through a peril created opening. The lawsuit was the culmination of nearly two years of litigation. On behalf of Citizens, evidence was presented through expert testimony to support the affirmative defenses of wear and tear, no peril created opening and faulty design and construction of the roof. Through diligent research, a composite of aerial photographs of the insured property were obtained which demonstrated the years long issue with the roof. This composite included clear images of a tarp being used directly over the area of water intrusion prior to the Plaintiffs purchasing the home, and subsequent use of the tarp shortly after purchase. The jury deliberated for under two hours and found that Citizens had demonstrated sufficient evidence to support the affirmative defenses and awarded no damages as a result. Citizens will now seek to collect attorney’s fees and costs from a rejected Proposal for Settlement that was served a year prior to the trial. 

June 13, 2024 | Announcements

Matthew Troy to Speak on Deposition Techniques at Florida Bar Workers’ Compensation Webinar

Matthew J. Troy, a partner in Conroy Simberg’s Orlando office, will be a co-presenter on a webinar presented by The Florida Bar Continuing Legal Education Committee and the Workers’ Compensation Section on July 10, 2024. Titled “The Art of the Deposition, Perspectives from Both Sides,” the webinar will cover the preparation, taking, and defending of depositions in workers' compensation cases, as well as how to prepare depositions for use at final hearing.