Michael Balducci, of our West Palm Beach office, won a partial summary judgment in Palm Beach County where the insured’s public adjuster agreed to only accept the $10,000 policy limits for the opt-out provision as opposed to utilizing one of the carrier’s preferred vendors/contractors, which would have covered the entirety of their water damage loss. Plaintiff argued there was a question of fact because the public adjuster allegedly said that they would accept $10,000, but they wanted the insured’s water mitigation service company to be paid separately, so it was not really a true acceptance. Michael pointed out to the Judge that the insured cashed the check and had every opportunity to opt back into the program by refunding the check, but never did and filed suit instead.  The Court agreed and granted partial summary judgment.