Sarah Goldberg, of the Miami office, received a voluntary dismissal in response to a proposed 57.105 Motion in a First Party Property action.

Here, the Plaintiff alleged that he had a plumbing issue in a wall that separated a kitchen and bathroom at the insured residence, in June, 2014. However, the Insured did not report the claim until early 2016. At the time of the field inspection by the carrier, the house was completely remodeled.

The Insured alleged that as a result of the plumbing issue he had to fully remodel the kitchen, bathroom, and the backyard patio, and presented an estimate from a Public Adjuster in excess of $50,000.00. Plaintiff had no receipts for repairs and could not produce any documentation regarding the plumbing leak in 2014.

Sarah drafted a 57.105 Motion for Sanctions arguing that the carrier’s investigation was prejudiced and there was insufficient documentation produced to overcome that prejudice. Plaintiff’s counsel requested additional time to obtain documentation from his client. When he could not obtain the documentation, the voluntary dismissal was filed.