Emergency Banner

Summary Judgment Entered on the Policy’s Anti-Concurrent Clause

Jonathan O. Aihie, of our Miami office, recently won summary judgment based on the policy’s anti-concurrent clause. Plaintiff sought compensation for mold testing in connection with an A/C leak at the insured’s property. Prior to Plaintiff’s mold inspection, the insured retained a water mitigation company that installed fans in the affected areas. The fans, however, caused the alleged mold to sporulate and spread throughout the insured’s property. Jonathan requested an engineer to re-inspect the property to confirm that the presence of the mold was exacerbated by the water mitigation company. Jonathan deposed Plaintiff’s corporate representative, who did not determine the cause of the loss.  At the summary judgment hearing, Jonathan successfully argued that the policy’s anti-concurrent clause applied because the insured contributed to the loss by installing the fans to sporulate the mold cells. Otherwise, the loss would have been covered.

Share Now:

Subscribe to our Newsletter

Recent Posts

Motion for Summary Judgment Victory in National Supermarket Slip-and-Fall Case
Charles Kondla, of our Miami office, obtained a Final Summary Judgment in a premises liability action involving a national supermarket chain. The motion...
Congratulations to Our Newest ABOTA Members!
Congratulations to Jason Friedman, of our Ft. Lauderdale office, and David Drahos, of our West Palm Beach office, on becoming members of the American Board...
KD Sponsors the 37th Annual BCHBA Scholarship Awards & Installation Gala
KD was proud to sponsor the Broward County Hispanic Bar Association’s 37th Annual Scholarship Awards & Installation Gala, where Sha-Mekeyia Davis,...

Only PDF, JPG or GIF can be uploaded.

Search Results Will Show Here

Subscribe To Our Newsletter