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Summary Judgment Granted Where Engineer’s Affidavit Failed to Convince the Court

Sarah Goldberg, of our Miami office, obtained another summary judgment in a first-party property case. Plaintiff filed an affidavit of an engineer in opposition to the Motion, which opined that there was a sudden and accidental leak even though this engineer had inspected the property after it was completely remodeled. The Judge rejected the affidavit and found that the insured’s deposition testimony proved the insured knew of the leak at least one year prior to the date of loss. The client is thrilled; this claim has two related assignment-of-benefits claims and an expired proposal for settlement.

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