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.
“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