CORAL GABLES, Fla., March 06, 2023 (GLOBE NEWSWIRE) -- The Property Advocates helped its client, Maria Rodriguez, win a case in Appellate Court against her insurance company. After the insurance company’s attorney convinced the trial court to grant summary judgment in favor of his client, The Property Advocates successfully appealed the case on multiple grounds.
In front of the trial court, the insurance company’s lawyer argued there was fraud in connection with Ms. Rodriguez’s insurance claim. He also argued that Ms. Rodriguez didn’t comply fully with the post-loss conditions set under her insurance policy, and, as a result, she had forfeited her coverage.
The Property Advocates appealed that decision to the Second District Court of Appeal. During the appeal, the same law firm for the insurance company conceded that the summary judgment for fraud was erroneous. The firm wasn’t able to argue for the affirmance of the judgment that one of their partners achieved during trial court.
As a result, the appeals court reversed the summary judgment, which was significant for several reasons, in addition to just vindicating Ms. Rodriguez.
In making this decision, the Second District Court of Appeals recognized, for the first time, that prejudice needed to be a part of the analysis any time an insurance company wanted to forfeit coverage that an insured person would be entitled to otherwise under the policy.
Further, the appeals court’s opinion made clear that the question of whether an insured gave prompt notice was a matter of fact that should be decided by a jury and, therefore, not eligible for summary judgment. The Property Advocates points out that this is significant, as the firm has battled summary judgments from insurance companies regarding prompt notice in the past. This decision makes clear the proper procedure in these cases.
The appeals court also criticized how the insurance company’s trial attorney obtained summary judgment, pointing out that the affidavit relied on was drastically insufficient.
The Property Advocates’ experienced attorney on the case was also able to terminate the EUO, or examination under oath, because of the manner in which the insurance company’s attorney was harassing Ms. Rodriguez. This was noted clearly in the appeals court’s opinion, with the judges also noting that the termination of the EUO might’ve been justified and certainly wouldn’t result in an automatic win for the insurance company.
This is another case in which The Property Advocates successfully defended the rights of an insured person in Florida who was being taken advantage of by her insurance company.
About The Property Advocates
The Property Advocates, P.A. is a full-service Florida insurance law firm specializing in property insurance claims. With offices in Miami and Tampa, The Property Advocates team consists of nearly 14 experienced attorneys with decades of combined experience who are compassionate, knowledgeable, and not afraid to go to trial for their clients. They have a successful track record of resolving complicated property insurance claims and getting their clients the fair compensation they deserve.
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https://www.thepropertyadvocates.com/
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media@thepropertyadvocates.com
