Represented an insurance brokerage firm as lead counsel in a professional liability claim where the plaintiff alleged damages to a luxury home as a result of a denial of coverage by the plaintiff’s homeowner’s insurance carrier. Notably, the client in this case did not have the requisite standing to name the insurance company as a third-party defendant or move for a declaratory judgement.
As a result, the plaintiff and opposing counsel asserted over a half-million dollars of damages and took a firm position at mediation where they refused to negotiate for anything less than their demand. However, following mediation, plaintiff’s liability expert was excluded pursuant to a Daubert Motion, as well as other evidence and testimony critical to the plaintiff’s case. As a result, the case was settled pre-trial for an amount that was a fraction of plaintiff’s demand and substantially less than what the defending insurance carrier had offered to the plaintiff at mediation.
Represented a commercial manufacturer as lead counsel in a property damage case where the plaintiff alleged several defective commercial shade sails at a hotel in Sarasota County, FL. However, through discovery, it was determined that the alleged defects clearly would have been the result of an improper installation and not the result of the client’s product. After threatening to move for sanctions, the plaintiff dismissed the client accordingly.
Represented a commercial plumbing manufacturer as lead counsel in a property damage case where the plaintiff alleged flooding damage at a residential home in Osceola County, FL. Here, it was undisputed that the product caused the home to flood, which resulted in hundreds of thousands of dollars in damage. However, counsel formulated an argument that the plaintiff was not entitled to a claim of strict liability because the product qualified as a permanent improvement to real property under Florida law. As a result, the claim was settled within months of assignment for substantially less than the plaintiff’s cost of repair estimate.
Represented an insurance carrier as lead counsel in a PIP case where the insured’s medical provider sought reimbursement for its medical treatment through an assignment from the insured. After the case was assigned, counsel promptly identified and communicated to opposing counsel that the medical treatment in question had been performed after the insured’s PIP benefits had already been exhausted. The plaintiff promptly dismissed the case and the matter was resolved within a week of assignment and to little expense to the insurance carrier.
Represented a towing company as lead counsel in an unlawful repossession case in Hillsborough County, FL. Under the statute, if this claim is proven, it would entitle the plaintiff to her attorney’s fees and costs. However, after the case was assigned, counsel worked with the client to obtain the necessary records to establish that the client could not have been the company responsible for the alleged repossession. These records were then provided and communicated to opposing counsel, who promptly dismissed the claims against the client.