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Carrier Won Motion for Summary Judgment Against Insured and AOB in No Peril Created Opening Case Where No Issue of Fact and No Credible Expert Testimony

Jill Aberbach, of our Ft. Lauderdale office, was granted final summary judgment in a consolidated case brought by the insured and the AOB. The denial was based on a no peril created opening that had been going on for way too long. Plaintiffs tried every delay tactic possible to keep the motion from being argued. At the hearing, Plaintiffs argued that summary judgment should be denied because there was a question of fact, notwithstanding she admitted that she never saw water coming through any opening after the subject storm. Further, Jill successfully argued Plaintiff’s expert was not credible since they inspected the property too long after the incident.

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