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Dismissal of Two Companion First-party Property Claims Where Carrier Had Good Reason for EUO and Nonpayment of Claim Within 90-Day Period

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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