Michael Balducci and Lillian R. Sharpe, of our West Palm Beach office, successfully got the court to dismiss two companion first-party property claims involving claimed water damage. Plaintiff failed to attend scheduled EUO, which was (barely) requested within the 90 days following the notice of the claim, due to a suspected prior water loss, which the carrier wanted to investigate first. Plaintiff argued the carrier needed to either pay or deny the claim within the 90 days of the claim per statute, but Michael persuaded the court that the carrier had good reason to request the EUO so they could not reasonably pay the claim within the 90-day period. The Court agreed and dismissed both cases. Proposals for settlement were filed, and Plaintiffs are likely collectible.
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9100 South Dadeland Blvd.
Suite 1800
Miami, FL. 33156 305.374.1212
125 West Romana St.
Suite 550
Pensacola, FL 32502 850.434.0003
1705 Metropolitan Blvd.
Suite 202
Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
Suite 475
Orlando, FL 32801 407.245.3630
13350 Metro Parkway
Suite 401
Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
Suite 2C
Key West, FL 33040 305.509.7300
1 Independent Drive
Suite 1601
Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
Suite 500
Ocala, FL 34470 352.622.4222
400 North Ashley Drive
Suite 1200
Tampa, FL 33602 813.204.9776
110 East Broward Blvd.
Suite 1400
Fort Lauderdale, FL 33301 954.768.0011
1700 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351