Elliott Tubbs Secures Summary Judgment in a First-Party Insurance Case

Posted in Verdicts and Settlements on January 15, 2025

Elliott Tubbs, a partner in the firm’s Fort Myers office, recently obtained Final Summary Judgment in a first-party property insurance case in Lee County, Florida. The insured signed an assignment agreement with the Plaintiff water mitigation company shortly after Hurricane Ian.  In dispute of the payment made to Plaintiff, the Plaintiff filed suit against the insurer.  The insurer filed its Motion For Final Summary Judgment in the matter as it contended that the assignment agreement did not comply with Florida law.  The Court granted the insurer’s Motion For Final Summary Judgment because it agreed that the assignment agreement did not comply with Florida law and that this rendered the Plaintiff without standing to maintain the lawsuit.  The insurer is currently in the process of seeking attorneys’ fees and taxable costs from the Plaintiff.