News & Events

Joshua C. Canton, a partner in the firm's Tallahassee, Florida office, along with Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a wrongful death action where the Plaintiff claimed Defendant committed an intentional tort during the course and scope of Plaintiff’s employment which caused the decedent to contract COVID-19 and perish in Leon County, Florida. Mr. Canton and Mr. Hales successfully argued Plaintiff was not a survivor under the wrongful death act and had no claim.

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.

Attorney Tylar Heintz of our Orlando office won a summary judgment for a residential homeowner in a trip and fall sidewalk case in Orange County, Florida.  Plaintiff alleged he tripped due to underground tree roots buckling the concrete sidewalk adjacent to the homeowners’ residence. Plaintiff brought suit against the homeowners, the HOA, the management company and Orange County. Based on case law presented from the 1st, 3rd, and 4th DCAs, the Court agreed with Mr. Heintz’s argument that a property owner has no duty to maintain or repair a public sidewalk, and therefore granted final summary judgment in favor of the Defendant homeowners.

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.

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.