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Motion for Summary Judgment Granted Where Policy Did Not Cover Mold Testing

Stuart Poage, of our Tallahassee office, obtained summary judgment for an insurance carrier after two years of litigation. The case had been postured for summary judgment on a mold-testing issue since inception, but at the two preceding summary judgment hearings, Plaintiff’s counsel requested time for additional discovery, which was granted by the court. At the third hearing, Stuart won summary judgment after he convinced the judge that the policy did not cover the mold-testing company’s work because there was no indication of microbial growth before the testing was performed. A proposal for settlement was also served very early on.

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