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Ask Not and Ye Shall Not Receive: Summary Judgment for Insurer Affirmed Where Insured Sued Before Submitting Its Supplemental Claim for Damages

Bretton Albrecht, of our Ft. Lauderdale office, obtained an affirmance in Apex Roofing & Restoration, LLC a/a/o Mark Shapiro v. United Prop. & Cas. Ins. Co., 2022 WL 1021914 (Fla. 2d DCA 2022). The case stemmed from property damage arising out of Hurricane Irma. The insureds submitted their claim, which UPC promptly investigated and paid. The insureds submitted nothing in writing—despite the policy’s requirement to do so—to protest the amount paid and also never submitted any competing estimates or supplemental claims. Over a year later, a roofing company, on behalf of the insureds, sued UPC for additional damages not addressed in the original claim. The trial court entered summary judgment for UPC, which was affirmed on appeal.

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