William Sabinson, of the West Palm Beach office, won a summary judgment on a first party property case involving a roof damage claim where the company issued a denial of the roof claim but paid on the ensuing interior water damage. Under separate cover they sent a proof of loss in the amount of the covered damage indicating payment would be made upon receipt of the attached filled out proof of loss, which the insured signed, followed by payment by the carrier. Nothing happened further until suit was filed a few months later, followed by submission of a PA estimate of over $40,000.00.

The Court agreed with Billy that the case of Slayton v Universal dictated that summary judgment was warranted, despite some tinkering with that decision since, especially because again there was no dispute about the claim at the time the insured signed the proof of loss, which was the key fact here. A Proposal For Settlement was filed four months before Summary Judgment was granted, entitling Billy to seek attorney’s fees and costs.