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Directed Verdict in Loss of Use Claim

Stefanie Capps, of the Ft. Myers office and Sharon Degnan, of the Ft. Lauderdale office, tried a breach of insurance policy case where the carrier reversed an initial coverage denial of a property damage claim two years later, while the case was in suit, and paid a total loss of a BMW. The Plaintiff continued to pursue a claim for consequential damages and attorney’s fees.  Stefanie and Sharon were successful in obtaining a directed verdict as to the loss of use claim and although allowing the reminder of the claim to proceed to the jury, the Court noted on the record that it was error because the Plaintiff failed to plead the consequential damages claim properly and gave the Plaintiff the option to amend the complaint, which he declined.  Between the directed verdict and the jury’s rejection of other portions of the damages sought by Plaintiff, Stefanie and Sharon were successful in defending against the majority of the damages sought by Plaintiff and the jury ultimately returned a verdict consistent with the real damages incurred as a result of the delay in payment of the claim.

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