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Summary Judgment Stands Where Court Previously Ruled That Plaintiff’s Claims for New Damages during the Lawsuit Were Barred

Charles Watkins, of our Miami office, obtained summary judgment in a case involving a price-and-scope dispute for Hurricane Irma damages. The Court granted summary judgment on the grounds that Plaintiff’s claims for new damages during the lawsuit were barred per recent caselaw because they were not submitted to the carrier prior to the lawsuit. Plaintiff’s counsel immediately moved for a rehearing, and Charles (who had just recently taken over the file) skillfully argued that Plaintiff was making the same arguments that were already rejected by the Court at the summary judgment hearing. The Judge agreed with Charles despite Plaintiff making spurious arguments about the adjuster’s treatment of the insured. The Court ruled that summary judgment in favor of the carrier stands, and it can now enforce the expired proposal for settlement in the case.

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