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Favorable Settlement in Anticipation of Motion for Summary Judgment in Roof Leak Claim

Jonathan O. Aihie, of the Miami office, successfully resolved a property damage claim. Plaintiff alleged that she suffered a covered loss stemming from a storm-created roof leak. Jonathan requested a re-inspection with a roofer/GC to determine the cause and origin of the damage. The roofer opined that the damage was not sudden and accidental, but rather from long term wear and tear. Afterwards, Jonathan deposed the insured to obtain more information about the timeframe of the damages. The insured testified that a tree had been growing over her roof for an extended period of time, which caused the roof damage. As such, Jonathan immediately filed a motion for summary judgment based on the fact that there was no peril-created opening to trigger coverage under the policy. Jonathan also filed an inclusive $500 Proposal for Settlement to reduce the carrier’s fee exposure. Due to Jonathan’s investigation and aggressive motion practice, opposing counsel informed Jonathan of plaintiff’s intention to accept the Proposal a few days before the Motion for Summary Judgment hearing.

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