Anthony Atala, of our Miami office, obtained a favorable outcome in non-binding arbitration in a first-party property/Hurricane Irma case. Here, the insured didn’t submit the claim for 872 days and only after she observed a roofer on her neighbor’s property. The carrier-client denied the claim for several reasons, including lack of prompt notice, lack of wind damage, and faulty sworn proof of loss. At arbitration, Anthony argued that Plaintiff failed to provide any evidence to show that the carrier was not prejudiced by the late reporting or that the damages alleged were caused by the Hurricane. The Arbitrator agreed with Anthony on all points and found that Plaintiff failed to establish the carrier violated any portions of the policy. Therefore, he awarded nothing to Plaintiff and indicated that she is not entitled to attorneys’ fees.
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