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Summary Judgment Granted for Insurer in First-Party Property Case

Nicole Wulwick, of our Miami office, secured yet another summary judgment for an insurer in a first-party property suit. During the claim investigation, the insurer inadvertently issued payment for damage for which coverage was excluded in the policy. The insureds never cashed that check; rather, they sued the insurer, disputing the amount owed. Nicole argued on summary judgment that there was no coverage for the loss and that by not cashing the check or making any of the repairs for which the check was issued, the insureds did not detrimentally rely upon the payment as evidence of coverage; therefore, despite the inadvertent payment by the insurer, the insurer was not estopped from denying the claim. The court agreed and granted summary judgment for the insurer.

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