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Voluntary Dismissal with Prejudice in Roof Leak Claim

Sarah R. Goldberg, of the Miami office, obtained a voluntary dismissal with prejudice in a denied roof leak claim following favorable testimony from a Plaintiff. During Plaintiff’s deposition, Sarah secured testimony from Plaintiff that he did not have a sudden leak on the reported date of loss in 2016, but rather his roof had been leaking since his prior roof claim in 2012. Following the deposition, Plaintiff reached out to settle the case for $20,000.00. Plaintiff’s counsel said his client was “confused” when testifying that there was an ongoing leak at deposition because the underwriting inspection report completed in 2015 stated that the roof was in good condition and had 5 useful years left. Sarah had multiple phone conferences with Plaintiff’s counsel informing him that there was no basis to argue that his client was “confused” during his deposition nor did the underwriting inspection report do anything to meet Plaintiff’s burden to prove that wind caused an opening in the roof. Recognizing the weaknesses of his case, Plaintiff’s counsel filed the voluntary dismissal on the eve of Sarah’s motion for summary judgment.

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