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Summary Judgment of No Coverage Under Homeowners’ Policy

Karina Perez, of our Tampa office, obtained a final summary judgment of no coverage in a case where the 27-year old Plaintiff in the underlying case tripped and fell down the stairs at the insured’s residence. Plaintiff sustained serious injuries in the fall, requiring a lumbar fusion that did not take and which aggravated or triggered a pre-existing auto-immune disorder that may result in his death. Plaintiff settled with the insured homeowner, who assigned his rights to Plaintiff, and Plaintiff sued the insurance company. Karina moved for a summary judgment of no coverage on behalf of the insurance company. She prevailed, successfully arguing that two policy exclusions applied to preclude coverage since the insured was not living on the premises and was instead renting it to the injured plaintiff at the time of the loss.

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