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Voluntary Dismissal After Filing a Motion for Summary Judgment for Failure to Satisfy Conditions Precedent

Kara Brynes, of the Jacksonville office, obtained a voluntary dismissal in a first party property case after filing a Motion for Summary Judgment. Suit was filed by an AOB contractor for water mitigation and rebuilding services. However, the insurer’s inspection of the house showed no signs of water damage, let alone a need for water mitigation. Instead, it appears that the water mitigation company punched holes in the walls in search of “water leaks” that were never there, damaging the property. Plaintiff was unable to provide any correspondence proving they notified the insurer of water damage before the mitigation services commenced and/or date stamped picture proving water damage actually occurred after the loss. Kara’s motion argued that such actions were a violation of the Duties After Loss provision of the subject insurance policy, and therefore, Plaintiff didn’t satisfy conditions precedent to bringing the lawsuit. After pushing to have the motion set for hearing, Kara received a dismissal instead.

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