By David and Kim Salmon, Esqs.
Kimberly Salmon, Esq. Courtesy, Salmon and Salmon, P.A.
Long time, seasoned defense lawyer Kimberly Salmon prevailed on three consecutive motions for summary judgment on cast iron pipe cases. In Pantina v. Florida Peninsula Insurance Company before Judge Amy Williams in Pinellas County, Florida Peninsula defeated David Barnhill’s Motion for Summary Judgment that coverage existed for a water back-up. In that case, the court agreed the water back-up exclusion applies. The order is here. The insured purchased back the coverage for water back up but only up to the $5,000.00 limitation. Florida Peninsula paid more than the $5,000.00 limitation when it handled the claim.
In Benchmark Consulting, Inc. d/b/a Castle Roofing and Construction A/A/O Edgar Mustafaraj v. Edison, the Plaintiff agreed to pay Florida Peninsula Insurance Company Sixty-Thousand Dollars ($60,000.00) after losing a Motion for Summary Judgment Kimberly Salmon handled.
In Benchmark Consulting, Inc. d/b/a Castle Roofing & Construction, Inc., a/a/o Brett Bunge v Florida Peninsula, the Plaintiff dismissed the case after being sanctioned for discovery violations. Benchmark d/b/a Castle Roofing was ordered to pay $1,255.00 in discovery sanctions. That order is here. Rather than comply with the discovery order and produce the documents, the Plaintiff dismissed the lawsuit.
David Salmon, Esq. Courtesy, Salmon and Salmon, P.A.
After those two experiences, Benchmark d/b/a Castle Roofing filed a voluntary dismissal in another case for a different client of the firm. We credit Florida Peninsula with an assist on that dismissal.
Meanwhile, defense lawyer duo Joe Matera and David Salmon obtained a summary judgment on a Hurricane Irma loss before Judge Helene Daniel in Hillsborough County in Cintron v. Florida Peninsula Insurance Company. Florida Peninsula originally assigned a 2019 date of loss to the claim based on the insured’s first notice of loss and a recorded statement the following day. The public adjuster, however, insisted the roof leak was from Hurricane Irma in 2017. When the insureds filed their lawsuit, the plaintiff lawyer specifically alleged the loss occurred on September 10, 2017. In deposition, Mrs. Cintron testified the loss occurred in 2019. Mr. Cintron did not know when the loss happened and deferred to his wife. Armed with three separate statements from Mrs. Cintron that the loss occurred in 2019, we moved for summary judgment the loss did not occur in 2017 as alleged in the complaint. There will no longer be a November trial. A proposal for settlement is on file.
In another cast iron pipe case, Carper v. Florida Peninsula Ins. Co., Pinellas County Judge Andrews granted Kimberly Salmon’s Motion for Rehearing on a Motion for Summary Judgment and then granted her actual Motion for Summary Judgment on the eve of trial. The Order is here. Originally, Judge Ramsberger granted Florida Peninsula’s Motion for Summary Judgment on the water back up exclusion but left the bench before signing the order. Judge Andrews signed the order granting summary judgment on behalf of Judge Ramsberger. When the parties submitted competing final judgments, Judge Andrews was unable to sign either final judgment because he could not identify the necessary findings of fact and conclusions of law because he was not at the original hearing. He ordered another hearing and found there were issues of fact and denied the motion without prejudice. Kimberly Salmon then filed a Motion for Rehearing because both lawyers stated on the record that were no issues of fact. The judge heard the Motion for Summary Judgment a third time and granted Florida Peninsula Insurance Company’s Motion for Summary Judgment. Kimberly Salmon’s third bite at the apple resulted in the win!
Florida Peninsula was also defending two lawsuits in Hillsborough County filed by Edison Gonzalez and Gabriela Valentin. One claim is for windstorm and the other claim is for a plumbing leak. During his first deposition, Mr. Gonzalez testified that he was told not to bring any documents to his deposition despite the notice including a document request. He was then asked not to disclose any attorney-client communications when responding to the question, “Besides your lawyer, did anyone instruct you not to produce records.” He replied, “No.” The deposition was suspended and we moved for sanctions, resulting in two orders totaling $832.25. One order is here and the other order is here. When we re-noticed his deposition in one of the cases, he failed to appear. We moved for sanctions, resulting in a payment of $1,015.00. That order is here. When the Plaintiff failed to appear for his next deposition in the windstorm case, the case was dismissed. That order is here. Mr. Gonzalez just failed to appear for his deposition in the plumbing leak case. We anticipate another dismissal.
David J. Salmon is a Founding Partner in the law firm of Salmon and Salmon, P.A. His Florida practice dates back to litigating Hurricane Andrew claims. He practices civil litigation, with his primary focus on first party insurance litigation, claims investigation and evaluation of coverage issues in property claims. He is also a certified insurance instructor. You can reach him at the firm’s Tampa office at 813-849-7200 or by email at [email protected]
Kimberly A. Salmon is a Partner in Salmon and Salmon, P.A. and has worked in the insurance industry for more than 30 years. Her primary practice focus has been devoted to all types of first- and third-party insurance disputes, including complex litigation, arson and fraud, assignment of benefits and litigation-for-profit schemes. She was a pioneer in the defense of assignment of benefits cases and worked closely with lobbyists, legislators, and regulators for legislative reform. You can reach her at 813-849-7200 or by email at [email protected]
LMA Newsletter of 10-20-25
