News & Events

Partner Elliott Tubbs III and associate Ryan Shapot obtained Final Summary Judgment in a first party property claim on behalf of a major Florida homeowners insurance carrier. The claim arose from damages alleged to have come from a plumbing leak under the kitchen sink, but when the Insurer inspected the property, the repairs were already underway and the claimed damage was already removed and discarded.  The Insurer denied coverage based on it being significantly prejudiced by not having been given a reasonable opportunity to inspect the claimed damage.  The Court found that the Insureds failed to comply with the post-loss conditions contained in the insurance policy and that the Insureds materially breached the insurance policy.   

Accordingly, the Court granted the Insurer’s Motion For Final Summary Judgment and entered Final Judgment in favor of the Insurer.  The Insurer served Proposals for Settlement that were rejected and we are currently pursuing our attorneys’ fees and costs incurred in the litigation.