Partners Robert “Bobby” Dehne, Esq. and Nestor Marante, Esq., will be presenting at the 33rd Fraud Fighting Educational Conference (“FIFEC”), on their course titled: “Fraud in the Catastrophe Claims: Detection and Effective Investigation, and Potential Impact of Misrepresentations in the Insurance Application”.
Details on the event information and registration can be found at https://www.fifec.org/conference-information , and we hope you can make it!
PROPER MEASURE OF DAMAGES CRUSHES $230,000 CLAIM
Congratulations to Universal Property & Casualty Insurance Company and Salmon & Salmon Attorney Annie S. Antos on a summary judgment! The victory protected Universal from indemnity exposure over $230,000 on a windstorm loss in Pasco County, Florida. The successful defense was based, once again, on the proper measure of damages!
During the adjustment of the loss, Universal determined the insureds’ damages amounted to $677.43 actual cash value (ACV), while their public adjuster submitted a replacement cost value (RCV) estimate exceeding $230,000.00.
The plaintiffs filed a Motion for Summary Judgment, asserting they were entitled to replacement cost damages. In response, Ms. Antos argued that the policy’s Loss Settlement Provision 2.d., states that the insurer will initially pay at least the actual cash value of the insured loss, less any applicable deductible and will pay any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred. This policy language mirrors Florida Statute 627.7011(3)(a) which limits the insurer’s initial liability to actual cash value.
Plaintiffs admitted in their interrogatory answers and deposition that no repairs had been performed to the subject property. The clear language of the policy and Florida Statute establishes that actual cash value is the proper measure of damages when repairs have not been performed, so Plaintiffs could not prove Universal failed to fulfill our duties under Section 2.d. of the Loss Settlement provision.
Judge Alicia Polk of The Sixth Circuit entered summary judgment in Universal’s favor. The Court agreed that the policy and the Florida Statute clearly and unambiguously state that an insurer is not required to pay more than actual cash value until work is performed and expenses are incurred.
In turning to Plaintiffs’ argument that they were entitled to replacement cost damages, recovery under Section 2.a. is only available when repairs are performed. Even if the Court found that Plaintiffs were entitled to recovery under 2.a., Plaintiffs could not prove the damages exceed zero. Section 2.a. allows the Plaintiffs to recover the lesser of three amounts: (1) the policy limit for dwelling coverage; (2) the replacement cost of the damaged building with material of like kind and quality; or (3) the amount actually spent to repair or replace of the damaged building. Because the Plaintiffs had not performed any repairs or incurred any expenses, the policy language made the value of (3) zero.
The Loss Settlement provision continues to provide a winning formula for the thought leaders in the defense industry and their insurance clients!
Partners Robert “Bobby” Dehne, Esq. and Nestor Marante, Esq., will be presenting at the 13th Annual Orlando Claims Association Continuing Education Seminar & Cook-Of, on their course titled: “Fraud in the Catastrophe Claim: Detection and Effective Investigation”.
Details on the event information and registration can be found at https://orlandoclaimsassoc.com/cook-off ,and we hope you can make it!
Congratulations to Brad Mitchell, Michael Hirschkowitz and Homeowners Choice Property & Casualty Insurance Company who received a complete defense verdict this week in Lee County. The case arose out of a total loss claim filed by the insureds against Homeowners after their house completely washed away during Ian. Homeowners investigated the claim pre suit with an engineer and determined that storm surge caused the structural damage, knocked the property off its foundation and washed it way. Homeowners then denied the claim based on the flood exclusion. The insureds also filed a claim with their flood carrier who paid policy limits. After receiving policy limits, the insureds then filed suit against Homeowners claiming the total loss was a result of wind.
When Mr. Mitchell and Mr. Hirschkowitz received the transfer file from another law firm, they determined that the file needed significant work and a change in strategy to posture for trial. However, most of the case management deadlines had already expired upon receipt of the file. However, they were able to successfully get the court to strike two of Plaintiff’s witnesses and to allow specific evidence of Plaintiff’s flood claim to come into evidence. They were also able to convince the court not to strike a crucial supplemental report from their expert generated late into the litigation.
During the trial, Plaintiff attempted to convince the jury that the jury should disregard the flood and only pay them for the wind damage. Mr. Mitchell and Mr. Hirschkowitz, however, successfully convinced the jury that storm surge caused the total loss and that the Plaintiff was double dipping. Plaintiff asked the jury for over $600,000 and the jury came back with a complete defense verdict for Homeowners.
Complete Defense Arbitration Awards – Brad Mitchell, Partner
Hurricane Ian cases where Plaintiffs were asking for six figures in damages. Arbitrator held that plaintiff’s did not prove their case and awarded complete defense awards.
p’s non-binding arbitration award 050524.PDF
p’s non-binding arbitrator’s award 050324.PDF
Favorable Award for Defense, Brad Mitchell Partner
In a Hurricane Ian claim, plaintiff was asking for $150,000 in damages and was awarded just $9,000 which represented the amount of the emergency restoration work and a minor additional roof repair. Awards attached.
p’s non-binding arbitration award 050624.PDF
Dismissal With Prejudice Before Trial, Brad Mitchell, Partner
Tropical Storm Eta case in Broward to begin 5/13 and received a voluntary dismissal with prejudice the morning before trial.
Click Here to Read More
Voluntarily Dismissal with Prejudice
Salmon & Salmon has successfully obtained a Voluntarily Dismissal with Prejudice in Hillsborough County on behalf of Citizens Property Insurance Corporation. Citizens filed (2) Motions for Summary Judgment in Teresa Alarcon vs. Citizens Property Insurance Corporation, Case No. 23-CA-001894.
Click Here to Read More
Another Sinkhole Defense Verdict
Congratulations to Universal Property & Casualty Insurance Company on another trial victory! This morning, Judge Polk out of Pasco County granted three directed verdicts in favor of Universal at the close of Plaintiffs’ evidence.
Click Here to Read More
Arbitration Award – Molinaro v. Universal
Congratulations to Partner, Carlos Marante for Arbitration Award in favor of Universal on the mold limitation in their policy.
Click Here to Read Award
Partner Robert Dehne, Esq., will be presenting on a panel at the 27th Annual FDLA Florida Liability Claims Conference, being held June 5th – June 7th, 2024, at Disney’s Yacht and Beach Club Conference Center in Orlando, on the course titled: “You Are A Pane In My Glass: Shattering The Myths About Window Damage Claims”.
Details on the event information and registration can be found at https://fdla.org/Public/iCore/Events/Event_display.aspx?EventKey=SAVE23FLCC
Defendant‘s Motion for Summary Judgment Granted in Orange County Court
Salmon & Salmon has successfully obtained a ruling in Orange County on behalf of Universal Insurance Company, in which the Court granted Defendant’s Motion for Summary Judgment in Jose Pereira vs. Universal Property & Casualty Insurance Company, Case No. 2021-CA-005686-0. Sunni DeGracia of Salmon & Salmon’s Orlando office secured an order granting defendant insurer’s Motion for Summary Judgment relative to the Plaintiff insured’s failure to comply with contractual post-loss obligations and the Duties After Loss provision in the insurance policy.
Congratulations to Universal Property & Casualty Insurance Company!
Click Here to read order
Partners Robert Dehne, Esq. and Nestor Marante, Esq., will be presenting with Tower Hill SIU Supervisor Gregory Gilkey at this year’s annual FIFEC conference on Wednesday, June 26, 2024, at 1:30 p.m., on their course titled: “Fraud in the Catastrophe Claim: Detection and Effective Investigation, and Potential Impact of Misrepresentations in the Insurance Application”.
Details on the event information and registration can be found at https://www.fifec.org/, and we hope you can make it!
On May 2, 2024, Kimberly Salmon and David Salmon will be presenting an ethics course at Rimkus’ 12th annual Conference in Denver. Colorado and Wyoming lawyers will be receiving CLE credits while insurance adjusters from Colorado, New Mexico, Oklahoma, Florida, Texas, and Wyoming will receive CE credits. The event will be held at the Landmark Movie Theaters located at 5415 Landmark Place, Greenwood Village, CO 80111. Other presentations include: Low Speed Accidents and Biomechanics; Architects – Property Damage and Subrogation; Human Factors; and Best Practices in Investigating Vehicle Collisions.
Best Lawyers: Ones to Watch for 2024
Congratulations to Partner, Brad Mitchell being voted one of the Best Lawyers: One to Watch for 2024!
https://www.bestlawyers.com/ones-to-watch
Partner Bobby Dehne will be attending the annual CLM Construction Conference in Austin, Texas, from September 27 through September 29, 2023. The Conference has been the largest gathering of insurance and litigation professionals serving the construction claims industry, and the firm looks forward to seeing old friends and meeting new friends at the Conference! Details for the conference can be found here: https://www.theclm.org/event/showeventdescription/21910
Yet another complete defense verdict in a property claim dispute litigation in Miami-Dade Circuit Court. Congratulations to trial attorneys Michael Hirschkowitz and Brad Mitchell!
Victory For Florida Farm Bureau
Congratulations to Partner Carlos Marante, ESQ!
33609 – Mitigation Information Technology v. Florida Farm Bureau
Successful MSJ – Appraisal award stands. Covered underlying claim. Consulting company claims to have assisted the mitigation company perform its services. Carrier requested appraisal. Umpire awarded $0.00. Plaintiff argues Umpire got into questions of fact, used deposition of the umpire to attempt to make his argument which is not permissible. Our positions that even if admissible, the Umpire could get into some analysis on coverage given the claim itself was not wholly denied and that regardless, his award, although touching on analysis of coverage did not itself award there was, or was not, coverage but rather awarded $0.00.
Ruling as follows – chose not to sign a detailed order as OC objected as duplicative.
The parties complied with the appraisal process, understood the appraisal process, and chose an Umpire who provided an award of $0.00 that was signed by two of the three parties making the appraisal award binding. Although the award itself discussed coverage it did not itself provide a determination of coverage, as such the Umpire did not exceed his authority and there is no genuine issue of material fact regarding same. Further, although, the deposition transcript of the Umpire, used as an exhibit in Plaintiff’s Response to Defendant’s Motion for Summary Judgment, suggests issues regarding the mitigation company’s reliance of Plaintiff’s services, it did not reach to the level of confirming same; and either way, the Court finds that such testimony cannot and shall not be considered in determining the validity of the award itself. Defendant’s Motion for Summary Judgement is hereby GRANTED.
FIFEC Updates
We are excited to have Partners Robert Dehne, Esq. and Nestor Marante, Esq., present with Tower Hill SIU Supervisor Gregory Gilkey CFEI, FCLS at this year’s annual FIFEC conference on Wednesday July 12th, at 1:20 p.m., on our course titled: “Florida Law and Effective Examinations Under Oath: A Practical Approach to Eliciting Relevant Claim Information”.
We look forward to catching up with old friends and meeting some new folks! Details on the event information and registration can be found as follows, and we hope you can make it: https://www.fifec.org/
Please join the Salmon & Salmon team in extending congratulations to Andrew Labbe on his Florida Bar Board Certification in Appellate Practice! The purpose of Board Certification is to identify those lawyers who engage in appellate practice and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as board certified in appellate practice. Board certification in appellate practice requires these minimum standards:
Andrew can be reached directly at alabbe@gspalaw.com.
Salmon & Salmon Presenting at 2022 FACAP Seminar
Partners Bobby Dehne and Nestor Marante will be presenting at the Annual FACAP seminar on their course titled: “Florida Law and Effective Examinations Under Oath: A Practical Approach to Eliciting Relevant Claim Information”. The seminar takes place on Wednesday, March 2, 2022 through Friday, March 5, 2022, and the event information and registration can be found here: https://www.facap.org/copy-of-home-1
Salmon & Salmon will be sponsoring the 10th Annual Orlando Claims Association CEU Seminar and Cook-Off which takes place on Thursday, March 31, 2022, at the Sheraton Orlando North Hotel located at 600 N Lake Destiny Rd, Maitland, FL 32751. The event information and registration can be found here: http://orlandoclaimsassoc.com/cookoff_info.html