Sarah Goldberg, of our Miami office, obtained a voluntary dismissal on a denied Hurricane Irma claim. Plaintiff testified at his deposition that he placed a tarp on his roof following Hurricane Irma to mitigate his damages. Sarah researched historical, aerial photographs of the property, which showed that a tarp was placed on the roof for at least one year prior to Hurricane Irma. A motion for summary judgment was filed, with support of an engineer’s affidavit, setting forth that the tarp was on the roof prior to the storm and that the interior leaks pre-dated Irma. Plaintiff folded under the pressure and leverage filing a voluntary dismissal just a few days prior to the hearing on the summary judgment and the night before the public adjuster’s deposition.
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