August 5, 2024 | Verdicts and Settlements

Noelia C. 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 11, 2024 | Announcements

Neil Ambekar Appointed Chair to Florida Bar Rules Advisory Committee

Neil Ambekar, a partner in the firm’s Orlando office, has been appointed as Chair of the Workers' Compensation Rules Advisory Committee effective July 1, 2024. The Committee's goal is to provide assistance to the DOAH and OJCC in drafting workers’ compensation procedural rules. The Committee is composed of experienced workers’ compensation practitioners and judges. The Committee is also responsible for monitoring rule changes proposed by the DOAH and OJCC. 

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.