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Summary Judgment Victory Upholds Managed Repair Program Limits and Policy Clarity

Kameron Romaelle of our Fort Lauderdale office secured a significant summary judgment victory in a first-party coverage matter involving a managed repair program. Plaintiffs initially opted into the program but later chose to withdraw—triggering the policy’s $10,000 limit. In the ensuing litigation, they alleged ambiguity in the policy language and argued they were involuntarily and constructively forced out of the program due to contractor performance.

At the hearing, Kameron relied on Plaintiffs’ own testimony to establish that their decision to opt out was entirely voluntary and driven by a desire not to continue with the managed repair process. He further demonstrated that the policy language clearly and unambiguously outlined the consequences of non-participation. Despite having completed more than $150,000 in repairs and upgrades, Plaintiffs sought to avoid the policy’s express limitations.

Following pointed questioning from the Court and limited responses from Plaintiffs’ counsel, the Judge granted summary judgment in full—one of the first rulings of its kind on this issue. Plaintiffs’ final pre-hearing demand of $125,000 was rejected, and an expired proposal for settlement will be enforced.

The outcome marks a decisive victory and an important development in managed repair litigation.

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