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Motion for Summary Judgment Granted Denying Plaintiff’s Post-Appraisal Claim for Mold Damages

Sarah Goldberg, of our Miami office, successfully argued a motion for summary judgment on a Hurricane Irma claim. Plaintiff entered into an agreed order moving the case to an appraisal. The carrier paid the appraisal award timely. After the appraisal award was paid, Plaintiff alleged that not all claims had not been resolved by the appraisal and requested supplemental payments for alleged mold damages. Ultimately, the judge was persuaded by Sarah’s argument that Plaintiff cannot bring a supplemental claim for mold damages post-appraisal because Plaintiff signed an assignment agreement whereby Plaintiff’s right to damages for mold remediation were fully assigned to a mold remediation company. The court did not give any weight to Plaintiff’s arguments that the assignment agreement to the mold remediator was invalid as the mold remediation company had been paid in full and had executed a release for claims of mold remediation. The victory was sweetened by the fact that Plaintiff filed a sanctions motion against the carrier and Sarah in order to get them to withdraw the motion for summary judgment the week prior to the hearing.

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