Chelsea Winicki and Kara Byrnes, of the Jacksonville office, secured a voluntary dismissal with prejudice in a civil breach of contract case. An insured filed a lawsuit against his insurance company; however the Complaint was vague with regard to a cause of action, citing to the PIP statute, but also alleging property damage without describing what the insurer failed to pay or failed to perform under the contract. Chelsea and Kara reached out to Plaintiff’s counsel to assess what damages their client was seeking and Plaintiff’s counsel advised her client was unsatisfied with the repair work to the vehicle.

Chelsea and Kara determined that all available policy limits for Plaintiff’s property damage claim had been tendered and no monies remained available for repair under the Policy. Chelsea and Kara sent a proposed 57.105 Motion to Plaintiff’s counsel and received a dismissal from Plaintiff before having to file the same with the court after the 21 day safe harbor period lapsed.