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A Strong Defense in Property Claims Lawsuits

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Lesson from a defense attorney

Whether it’s specifically an Assignment of Benefits (AOB) case or one with excessive litigation, sometimes the old adage “The best offense is a good defense” applies.  Our lesson today comes from a good colleague, Andy Rock of The Rock Law Firm in Maitland.

Andy writes:

“Catastrophe lawsuits may require a strong response.  In a recent first party lawsuit, our client agreed to an aggressive plan of defense.

We filed a motion to dismiss Plaintiff’s complaint for failure to state a cause of action.  Plaintiff’s counsel realized that the court would most likely grant the motion, so Plaintiff filed an amended complaint just before the hearing on the motion to dismiss.

Concurrently, we recommended a roofing expert who assisted us in a previous jury trial that resulted in a defense verdict.  The expert inspected and provided his opinion, specifically finding that the roof was not damaged by Hurricane Irma.

We collaborated with our client and served a nominal statutory proposal for settlement.  Just days before the proposal was set to expire, Plaintiff filed a notice of voluntary dismissal without prejudice.  We contacted Plaintiff’s counsel, who said that Plaintiff would most likely not refile because of the risk of losing the case and incurring financial responsibility.

This is an example of what can happen when a client draws the line.”

Indeed it is!   If you would like any more specific information or court filings, you can contact Andy at [email protected] .

Back on the subject of AOB, the big case before the Florida Supreme Court that we are following very closely (Restoration 1 vs. Ark Royal Insurance Company) saw Restoration 1 file a 45-page initial brief outlining its case that a lower court erred in allowing the insurance company’s provisions requiring all with an insured interest must agree to an AOB.  Ark Royal is expected to file its brief next month.

LMA Newsletter of 2-18-19

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Tags: Catastrophe lawsuits, Property Claims lawsuits, Property Insurance Defense, roofing lawsuit

“Thank you Lisa for staying on top of, as well as advocating, for Florida residents and legislative reform. Your newsletters are very informative and enjoy reading the points of view.”  

Shawna Miller, Sr. Claims Quality Assurance & Compliance Manager
Florida Peninsula Insurance Company
Jacksonville, FL

“Lisa Miller is a true champion for the insurance industry, with her regular updates! We appreciate all you do and keeping us up to date on priority issues!”

Gillian Lloyd, Account Executive
Zywave
Milwaukee, WI

“Just wanted to say that I thoroughly love your newsletter. It’s is always informative and insightful to the ins and outs of our industry.  You are an inspiration and an important asset in the insurance world.  Keep up the great work!” 

Cynthia Scott, President
University Insurance Group
Davie, FL

“Great article on Risk Rating 2.0!”

Austin Perez, Senior Policy Representative for Federal Housing, Valuation, Insurance and Commercial Issues
National Association of Realtors
Washington, D.C.

“Lisa this is another great newsletter, and we appreciate the time and energy you put into these informative updates – you are on top of these topics!”

Mike Graham, CEO
Smart Vent Products, Floodproofing.com, & Risk Reduction Plus
Juno Beach, FL

“Just a quick note to let you know how much I have appreciated your newsletter over the years and the assistance they offer for those in the field of claims. We depend on the information more than you will ever know!”

Laurie Rasberry, Chief Claims Officer
Acorn Claims
Prosper, Texas

“Another great Newsletter on Florida industry this week.  Your service and advocacy in Florida is very important to keeping me updated and apprised of the Florida insurance laws, trends and overall environment.  Something similar is very much needed in Louisiana, too.”

Jennifer Tedesco, Esq., Claims Director
Pharos Claims Services
Orlando, FL

“I have followed your weekly newsletter and podcasts and now have a full appreciation for what you bring to this industry.  You are an inspiring force, plain and simple.  I wanted you to know that you make a difference.  Thank you for all you do!”

Jeffrey Karam, CPCU
Bradenton, FL

“Your newsletter is fabulous!  I greatly appreciate the topics you expose, so that insurance professionals like myself can keep up with the latest events that affect the public we serve and ourselves.”

Cynthia Hoehn, Independent Property & Casualty Personal Lines insurance agent
Clermont, FL

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