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New Plaintiff, New Action

Arizone & Simon v. Homeowners Choice Prop. & Cas. Ins. Co., 2D18-1116 (2d DCA Mar. 17, 2021)

What’s This Case About

  • Action filed by one Plaintiff in March of 2016
  • Plaintiff adds wife a few months later
  • Insurer serves each Plaintiff with a PFS 11 days after Plaintiff’s wife is added
  • Jury verdict awards insurer fees and costs against both plaintiffs
  • Plaintiffs appeal and contend PFS violation
  • Court sided with Plaintiffs

Bottom Line:

Can’t file a PFS on a new Plaintiff until 90 days have past

Full case information available below.

If you have any questions about how this may affect any of your claims, please do not hesitate to contact us at info@kubickidraper.com.


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