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Summary Judgment for Insurer Granted in Hurricane Irma Claim

Kathryn Thomson, of our Ft. Myers office, obtained summary judgment in favor of our client, a homeowner’s insurer in a Hurricane Irma property damage lawsuit. The insured reported the loss in 2020, three years after the storm, and thus after the allotted time to report the claim. Additionally, the insured had also signed an assignment of benefits agreement with a roofing contractor, which was never rescinded. Nonetheless, the insured still brought suit demanding payment. Katie raised both of these issues on summary judgment, arguing that the insured lacked standing to sue (since he had assigned his benefits over to the roofing company) and that even if the insured had standing, this action was time barred. The court agreed, granting summary judgment against the insured.

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