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Dismissal for Fraud on the Court Granted

Michael Balducci and Lillian Sharpe, of the West Palm Beach office, obtained an Order of Dismissal for Fraud on the Court in a first party property case. Mike argued a motion drafted by Lillian arguing that dismissal was proper due to the insured lying about not having any prior claims or damage to her home (she had a claim against another carrier for similar damage at the home four years before this lawsuit). The Plaintiff denied prior claims in her application and in her EUO, only to try and fess up about it in her deposition, when she said she “forgot” about it, while still denying she had ever filed a lawsuit. Meanwhile, she had filed a suit against another carrier for her prior loss two months before the deposition, which was assigned to the same trial judge as this claim. Despite requests for an evidentiary hearing, the judge determined that Plaintiff had more than enough opportunities to be truthful, and ruled on Mike and Lillian’s motion.

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