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Summary Judgment Granted Where Plaintiff’s Baseless Mold Claim Had Already Been Assigned to the Mold Remediation Company

Sarah Goldberg, of our Miami office, won summary judgment on a Hurricane Irma claim. Plaintiff entered into an agreed order moving this case to an appraisal, and the carrier timely paid the appraisal award. After the appraisal award was paid, Plaintiff argued that not all claims had not been resolved by the appraisal and requested supplemental payments for alleged mold damages. The trial judge heard arguments for over an hour and ultimately agreed with Sarah that Plaintiff cannot bring a supplemental claim for mold damages post-appraisal because Plaintiff signed an assignment agreement for mold remediation services to a mold remediation company. The mold remediation company was paid in full for their services and executed a Release for claims of mold remediation. The Court did not give any weight to Plaintiff’s last-ditch efforts to argue that the assignment agreement was invalid.

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