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Voluntary Dismissal Following Filing of Motion for Summary Judgment – First Party-Property Water Damage Claim

Jonathan O. Aihie, of the Miami office, obtained a summary judgment in a first-party property case where the plaintiffs contended that they suffered a covered loss stemming from an AC leak. Jonathan requested a re-inspection with an engineering expert to determine the cause and origin of the claimed damage. The expert determined that the damage was long-term and not from a sudden accident. Jonathan then requested the plaintiffs’ depositions to see if he could obtain helpful testimony to put the case in a dispositive position. Plaintiffs said during their depositions that the dark water stains developed over months. Jonathan now had what he needed and drafted a motion for summary judgment based on plaintiffs’ testimony and the expert opinion, showing that the claimed damage was excluded under the policy because it was long term. Plaintiffs’ counsel called immediately after the hearing for the motion for summary judgment was scheduled to inform Jonathan of his intention to file a voluntarily dismissal even though the case had been ongoing for months.

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