Celerina Nunez v. Universal Property & Casualty Insurance Company

• Water damage due to a broken kitchen pipe.
• The Appellate Court affirmed the directed verdict granted by the lower court finding Plaintiff materially breached the contract by failing to appear for an examination under oath.
• 3^rd District Court of Appeals
• Alison J. Trejo, Esq. and Jeffrey Wank, Esq.

The Kidwell Group a/a/o Kivivitz, Ben v. United Property & Casualty Insurance Company

• Breach of Contract action.
• A third-party contractor sued UPC for breach of contract pursuant to an AOB that was attached to the complaint, and upon which the third-party contractor’s legal standing relied.  Based on the date the AOB was executed, both the lower court and appellate court concluded the AOB was subject to and governed by the new AOB reform law, codified as Florida Statutes §627.7152 (2019). In affirming the trial court’s dismissal with prejudice, the Court concluded the AOB failed to comply with and violated §627.7152(2)(a)(1) and (2)(a)(4). At issue was whether the AOB company satisfied these provisions by providing the insured with an invoice which was unexecuted and dated five (5) days after the AOB was executed. In this case of first impression, the Court held, “the statute’s plain language requires that at the time the assignment of benefits is signed, the assignor must be provided with a list of the itemized services to be performed by the assignee, as well as the costs thereof.”
• 4^th District Court of Appeals
• Melissa A. Usher, Esq. and Jake Huxtable, Esq.

The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Amadio, Maria v. Olympus Insurance Company

• Payment for a mold assessment report and engineering report pursuant to an AOB agreement.
• Olympus obtained dismissal of an AOB suit due to Plaintiff’s failure to comply with 627.7152. Plaintiff argued compliance with the new statute was not necessary as it would constitute an improper retroactive application of the law.  The court agreed with Olympus and held the new statute applies to AOB contracts executed after the enactment date of the statute, regardless of whether the underlying insurance policy was issued prior to the date of enactment.
• 5^th District Court of Appeals
• Jordan H. Lande, Esq. and Kim Fernandes, Esq.

The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Robert and Maureen Mucciaccio v. American Integrity Insurance Co. of Florida

• Claim for engineer report pursuant to an AOB agreement.
• American Integrity obtained dismissal of an AOB suit due to Plaintiff’s failure to comply with §627.7152. Plaintiff argued its services are not governed by the statute and the trial judge erred by applying the statute retroactively.  The Court held Plaintiff’s services fell under the statutory definition of an assignment agreement and the statute was correctly applied to the AOB contract executed after the enactment of the statute, although the underlying insurance policy was issued prior to the enactment of the statute.
• 2^nd District Court of Appeals
• Matthew P. Strauss, Esq. and Kim Fernandes, Esq.

Expert Inspections, LLC d/b/a iTest d/b/a Moldexpert.com a/a/o Pat Beckford v. United Property & Casualty Insurance Company

• Mold services claim.
• Plaintiff performed mold services under an AOB and submitted an invoice for the work to UPC. UPC issued payment for the invoice to the assignor/homeowner’s address, listing Plaintiff and the assignor/homeowner as payees. Plaintiff never obtained payment from the assignor/homeowner and, one year later, filed suit against UPC for payment of the invoice. UPC defended the suit based upon the pre-suit payment made. UPC offered to re-issue the payment to Plaintiff in exchange for a dismissal of the suit. Plaintiff refused. UPC won summary judgment based upon its pre-suit payment for the invoiced amount.  On appeal, Plaintiff instructed UPC to issue and send payment only to Plaintiff; therefore, UPC was in violation of that contract and Plaintiff should be entitled to fees and costs for having to file suit to obtain a proper payment of the invoice. The Court held UPC had no privity to the AOB contract and, therefore, could not breach that contract. Furthermore, the Court held the terms of the AOB contract could not be enforced against UPC.
• 4^th District Court of Appeals
• Jeffrey M. Wank, Esq. and Kim Fernandes, Esq.

Morton v. Citizens Property Insurance Corporation

• Property damage claim disposed in summary judgment, which Plaintiff appealed.
• Plaintiff retained an engineer expert to support Plaintiff’s position on damages to the insured property. The engineer expert issued a report which contained internal inconsistencies, and which indicated the expert formulated his opinions on damage to the property without actually inspecting the property. The judge rejected the engineer’s evidence and granted summary judgment for Citizens, based upon no evidence of a peril-created opening in the exterior of the dwelling to allow for insurance coverage for the interior of the dwelling. Plaintiff appealed the judge’s rejection of the engineer’s opinions as improper for summary judgment. The appellate court affirmed the judge’s summary judgment for Citizens without writing an opinion.
• 4^th District Court of Appeals
• Kim Fernandes, Esq.

Borges v. Citizens Property Insurance Corporation

• Property damage claim disposed in summary judgment, which Plaintiff appealed.
• Citizens denied coverage of interior damages to a dwelling because there was no evidence of a peril-created opening in the exterior of the dwelling to allow for insurance coverage for the interior damages. Plaintiff submitted evidence to support their position that interior storm damage existed, but even their own evidence showed that no peril-created opening existed, which is required under the policy for coverage of interior damage. Summary judgment was granted to Citizens and Plaintiff appealed, arguing the judge improperly shifted the burden of proof to Plaintiff in the summary judgment proceedings. Citizens argued the policy exclusion for interior damages was met with summary judgment evidence and, upon the burden then shifting to Plaintiff to prove an exception to the exclusion provision, Plaintiff’s evidence failed to show a peril-created opening. The appellate court affirmed the judge’s summary judgment for Citizens without writing an opinion.
• 3rd District Court of Appeals
• Kim Fernandes, Esq.

Davis v. Citizens Property Insurance Corporation

• Property damage claim disposed in summary judgment, which Plaintiff appealed.
• Citizens denied coverage of a hurricane claim because it was reported nearly three years after the storm, and also after repairs had been made to the alleged damages. Citizens filed a motion for summary judgment, based upon late notice of the claim. The trial court agreed that Plaintiff did not provide timely notice of the claim and then looked to Plaintiff to show that Citizens suffered no prejudice from the late reporting of the claim. Plaintiff failed to rebut the presumption of prejudice afforded to Citizens by the late notice and the judge granted summary judgment for Citizens. Plaintiff appealed, arguing the judge erred in finding that the notice was untimely and further erred in finding that the Plaintiff failed to present evidence which sufficiently rebutted the presumption of prejudice. The appellate court affirmed the judge’s summary judgment for Citizens without writing an opinion.
• 4^th District Court of Appeals
• Kim Fernandes, Esq.

Alamo v. UPC

• Sinkhole claim.
• After prevailing on our Motion for Summary Judgment, giving rise to fee entitlement, the Court awarded fees of $16,661.25 to the carrier.
• Lee County, Florida
• Christian Williams, Esq.

Massey a/a/o Martin v. Frontline

• Hurricane Irma claim wherein Frontline attempted to demand appraisal pre-suit. We abated litigation, moved for appraisal, paid the award, and filed the Motion for Summary Judgment. We were successful in securing summary judgment and then moved for fees per our Proposal for Settlement.
• After prevailing on our Motion for Summary Judgment, giving rise to fee entitlement, the Court awarded fees of $6,300.00 to the carrier.
• Lee County, Florida
• Christian Williams, Esq.

Florida Services Team a/a/o Tsamarindos v. Olympus Insurance Company

• Partially covered Hurricane Michael claim.
• Summary Judgment granted based upon payment being made to Insured prior to AOB’s execution and flaws within the AOB. Sanctions imposed on Plaintiff based upon a contemporaneously filed 57.105 motion.
• Bay County, Florida
• Sunita Smith, Esq.

Martin Lewis v. Citizens Property Insurance Corporation

• Denied Hurricane Irma claim.
• Summary Judgment granted based upon no peril created opening language as reflected in the policy.
• Broward County, Florida
• Charles M. Prior, Esq.

Air Quality Assessors a/a/o Roth v. American Integrity Insurance Company

• Plaintiff filed suit seeking payment for a $3,500.00 engineering report prepared for Insureds.
• Summary Judgment granted based upon invoice not being intended to mitigate, repair, or replace physical loss of any type, nor was it required to effectuate repairs.
• Lake County, Florida
• Katherine Koener, Esq.

The Kidwell Group a/a/o Jones v. State Farm Insurance Company

• Plaintiff filed suit seeking payment for a $3,500.00 engineering report prepared for Insureds.
• Summary Judgment granted based upon the invoice not being intended to mitigate, repair, or replace physical loss of any type, nor was it required to effectuate repairs.
• Lake County, Florida
• Katherine Koener, and Kurt M. Ciell, Esq.

Maurice O’Connor v. First Protective Insurance Company d/b/a Frontline Insurance

• Denied Hurricane Irma claim.
• Summary Judgment granted based upon late reporting and Plaintiff’s failure to comply with post-loss obligations. Plaintiff’s subsequent Motion for Rehearing was denied.
• Collier County, Florida
• Jordan Lande, Esq.

SFR Services a/a/o Welsh v. United Property & Casualty Insurance Company

• Denied Hurricane Irma claim.
• Summary Judgment granted based upon an invalid AOB pursuant to 627.7152. Plaintiff’s subsequent Motion for Rehearing was denied.
• Sarasota County, Florida
• Christian Williams, Esq.

Massey Construction a/a/o Martin v. First Protective Insurance Company d/b/a Frontline Insurance

• Denied Hurricane Irma claim.
• Summary Judgment granted based upon an invalid AOB pursuant to 627.7152. Plaintiff’s subsequent Motion for Rehearing was denied based on failure to state a cause of action.
• Lee County, Florida
• Christian Williams, Esq.

Felipe Alamo v. United Property & Casualty Insurance Company

• Denied sinkhole claim.
• Summary Judgment granted as the Court found there was no pre-suit dispute, and a post-suit appraisal does not equate to a confession of judgment.
• Lee County, Florida
• Christian Williams, Esq.

Arlene Carozza v. First Protective Insurance Company d/b/a Frontline Insurance

• Partially covered Hurricane Irma claim.
• Summary Judgment granted because there was no pre-suit dispute between Frontline's initial claim decision and Insured filing suit.
• Collier County, Florida
• Kurt M. Ciell, Esq.

Ferguson Wanda v. State Farm Insurance Company

• Partially covered Hurricane Irma claim.
• Summary Judgment granted based upon failure to submit a supplemental claim or reopen the claim within three years after the hurricane first made landfall or windstorm caused the coverage damage.
• Broward County, Florida
• Jeremy Mishali, Esq. and Patricia Repanova, Esq.

Ronald Ajemain v. First Protective Insurance Company d/b/a Frontline Insurance

• Denied Hurricane Irma claim.
• Summary Judgment granted based upon Plaintiff’s failure to timely report the claim. Plaintiff’s subsequent Motion for Reconsideration was denied. Subsequently, we recovered over $100,000.00 in fees for Frontline.
• Lee County, Florida
• Erica Showell, Esq., Derek Goldsmith, Esq., and Jeffrey Wank, Esq.

Verandas at McArthur Palm v. ACIC

• Denied Hurricane Irma claim.
• Summary Judgment granted due to Plaintiff’s failure to comply with policy conditions and timely submit a supplemental claim, saving our client $5,114,068.89.
• Lee County, Florida
• Jeremy Mishali, Esq. and Jeffrey Wank, Esq.

All-Star Servicing West a/a/o Taunya Patterson v. UPC

• Appliance leak claim.
• Summary Judgment granted as the amount in controversy was less than the deductible and impermissible administrative fee for AOB.
• Duval County, Florida
• Sunita Smith, Esq.

Fla Services Team LLC d/b/a Flood Pros a/a/o Tsamarindos v. Olympus

• Timely reported Hurricane Michael claim.
• Summary Judgment granted as Plaintiff was paid in full, barring further claims. Defendant’s Motion for Sanctions was also granted by the Court.
• Bay County, Florida
• Sunita N. Smith, Esq.

Angel A. Rodriguez and Alina Rodriguez v. United Property and Casualty Insurance Company

• Denied Hurricane Irma claim.
• Summary Judgment granted based upon Plaintiffs’ failure to timely report the claim, numerous repairs made prior to reporting the claim, and failure to respond to Defendant’s requests for relevant documents.
• Collier County, Florida
• AlaEldean Elmunaier, Esq.

Jing Fu Chen v. Heritage Property & Casualty Insurance Company

• Late-reported Hurricane Irma claim.
• Summary Judgment granted based upon failure to timely report the claim and inability to rebut the presumption of prejudice, saving our client $160,000.00.
• Lee County, Florida
• Kimberly J. Fernandes, Esq.

Laura Nitti v. United Property & Casualty Insurance Company

• Late-reported Hurricane Irma claim.
• Summary Judgment granted based upon Plaintiff’s failure to submit a Statutory Proof of Loss, as requested, and inability to rebut the presumption of prejudice.
• Collier County, Florida
• Erica A. Showell, Esq.

The Kidwell Group a/a/o Jose Bello-Rodriguez v. Family Security Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied due to not being a compensable service under the terms of the policy.
• The Court declared the AOB invalid and unenforceable due to violations of 627.7152(2)(a)4 and (5).
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Jennifer Glantz v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied payment due to not being a compensable service under the terms of the policy.
• TheCourt declared the AOB invalid and unenforceable due to violation of 627.7152(2)(a)4.
• Lee County, Florida
• Kurt M. Ciell, Esq.

Joel J. Dupieron Torres and Mirta Lopez Penichet v. Family Security Insurance Company, Inc.

• Partially denied Tropical Storm Eta claim.
• Defendant successfully argued Florida Statutes §627.70152(3)(a) applies retroactively to pre-enactment insurance policies. Accordingly, an Order was entered in Defendant’s favor, dismissing Plaintiffs’ complaint without prejudice.
• Lee County, Florida
• Brandon Weitzman, Esq. and Nicole Friedlander, Esq.

The Kidwell Group a/a/o Lauren Dial v. Family Security Ins. Co.

• Tropical Storm/Hurricane Eta claim, where Plaintiff is an assessment company that sought payment under the policy for an environmental assessment. Carrier granted coverage to Plaintiff’s service invoice; however, as the total claim fell under the policy’s deductible, no payment was made.
• The Court granted Defendant’s Motion for Reconsideration of a prior order denying Defendant’s Motion to Dismiss due to violations of 627.7152(2)(a)4 and (2)(a)5.
• Pasco County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Stephen Bigora v. First Protective Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied payment due to not being a compensable service under the terms of the policy. The Court also granted Defendant’s Motion for Entitlement to Fees.
• The Court declared the AOB invalid and unenforceable due to violations of 627.7152(2)(a)4 and (2)(a)5.
• Pasco County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o James Hutter v. First Protective Ins. Co.

• An assessment company sought payment under the policy for a mold assessment and engineering inspection. Carrier paid Plaintiff for the mold assessment, but denied payment for the engineering inspection due to it not being a compensable service under the policy.
• The Court declared the AOB invalid and unenforceable due to Plaintiff’s failure to comply with all provisions of 627.7152(2)(a).
• Santa Rosa County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Alan Alvarez v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an environmental assessment. Carrier denied payment for invalid assignment agreement and because services were not compensable by the carrier under the terms of the policy.
• The Court declared the AOB invalid and unenforceable due to failure to comply with 627.7152(2)(a).
• Pasco County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Cheryl Spano v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for a water damage assessment, which was denied payment due to not being a compensable service under the terms of the policy.
• The Court granted Defendant’s Motion for Reconsideration of its prior order denying Defendant's Motion to Dismiss due to violations of 627.7152(2)(a)4.
• Marion County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Sadie Williams v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for a mold assessment and engineering inspection. Carrier denied payment based upon an invalid assignment agreement.
• The Court declared the AOB invalid and unenforceable due to Plaintiff’s failure to comply with all provisions of 627.7152(2)(a).
• Duval County, Florida
• Kurt M. Ciell, Esq.

Florence Motola v. United Property & Casualty

• Bad Faith suit filed following a Hurricane Irma claim, where coverage was afforded and the parties engaged in appraisal pursuant to the policy.
• The Court granted Defendant's Motion to Dismiss with prejudice extinguishing any future Bad Faith action.
• Palm Beach County, Florida
• Todd A. Schwartz, Esq. and Jeffrey Wank, Esq.

The Kidwell Group a/a/o Ruth Srulevitch v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied due to not being a compensable service under the terms of the policy.
• The Court declared the AOB invalid and unenforceable due to Plaintiff’s failure to comply with the provisions of Florida Statutes 627.7152(2)(a).
• Sumter County, Florida
• Kurt M. Ciell, Esq.

ELR Restoration a/a/o Manuel Garcia Leoin v. American Integrity Insurance Company

• Claim based on an HVAC leak at the property.
• American Integrity prevailed on its Motion to Dismiss with Prejudice, arguing the ELR assignment did not comply with Florida Statutes 627.7152. Thus, Plaintiff’s claim for nearly $30,000.00 was dismissed with prejudice.
• Orange County
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Bermudez v. Olympus Insurance Company

• Claim arising from an A/C backup in the garage along with alleged water damage.
• ELR Restoration submitted three invoices, for water mitigation, cleaning service and content cleaning, totaling over $20,000.00. Olympus prevailed on its Motion to Dismiss with Prejudice, arguing the ELR assignment agreement did not comply with Florida Statutes 627.7152.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Marrero v. American Integrity Insurance Company

• Claim arising from a windstorm with claimed roof leaks.
• ELR Restoration submitted invoices for water mitigation, cleaning service and content cleaning, totaling over $40,000.00. Plaintiff’s demand was $55,000.00 and, after written discovery, our Motion for Summary Judgment was filed based on the invalidity of the assignment, including the failure to provide an itemized per unit cost estimate. A 57.105 was served and Plaintiff filed a dismissal during the safe harbor period.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a. Hernandez v. American Integrity Insurance Company

• Claim arising from an A/C backup.
• ELR Restoration submitted invoices for water mitigation, cleaning service and content cleaning, totaling nearly $40,000.00. Plaintiff’s demand was $45,000.00 and, after written discovery, our Motion for Summary Judgment was filed based on the invalidity of the assignment, including the failure to provide an itemized per unit cost estimate. A 57.105 was served and Plaintiff filed a dismissal during the safe harbor period.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

Acevado v. Tower Hill

• Bathroom leak and roof leak claim.
• The Court granted Defendant’s Motion to Dismiss for Fraud on the Court and §57.105 Motion for Sanctions against Plaintiffs and Plaintiffs' counsel for the fraudulent claims and overlapping damages relating to prior claims.
• Broward County, Florida
• Jeffrey Wank, Esq.

Richard Sievers v. Family Security Insurance Company

• Denied Hurricane Irma claim.
• We filed a Motion for Summary Judgment based upon late reporting and Plaintiff’s failure to comply with several requests for information. At a court-ordered non-binding arbitration, we obtained a zero-dollar arbitration award, avoiding $133,600.23 in alleged damages.
• Lee County, Florida
• Charles M. Prior, Esq.

Roofing Reconstruction Contractors a/a/o Goletz v. United Property & Casualty Insurance Company

• Denied Hurricane Irma claim.
• Investigation revealed loose, broken, and cracked tiles; but, due to the late reporting, our client’s expert could not determine the cause of the damage. Defendant was prejudiced in its investigation due to the late reporting. At a court-ordered non-binding arbitration, we obtained a zero-dollar arbitration award, when opposing counsel was seeking $75,319.79 in alleged damages.
• Lee County, Florida
• Carmela D. Jackson, Esq.

John Haschak v. United Property & Casualty Insurance Company

• Late-reported and denied Hurricane Irma claim.
• Plaintiff’s home was sold six months after Hurricane Irma, and two months prior to the reporting of the claim. We attended a court-ordered non-binding arbitration and obtained a zero-dollar arbitration award.
• Lee County, Florida
• Brandon Weitzman, Esq.

John Sodeika v. First Protective Insurance Company d/b/a Frontline Insurance

• Late-reported and denied Hurricane Irma claim.
• Plaintiff’s property was purchased five months prior to Hurricane Irma, and the Insured obtained a pre-purchase inspection report. The pre-purchase inspection report identified damages claimed in the suit including chipped tiles, possible roof leaks, and torn screens in the patio enclosure. We attended the court-ordered non-binding arbitration and obtained a zero-dollar arbitration award.
• Lee County, Florida
• Brandon Weitzman, Esq.

Elevate Exteriors, Inc. a/a/o Douglas Kissane and Rosa M. Kissane v. Family Security Insurance Company

• Hurricane Irma claim whereby coverage was opened under the Ordinance or Law (“O&L”) policy provision pursuant to the Homeowners’ Association’s by-laws, which required a full roof replacement rather than repair.
• At non-binding arbitration, Defendant successfully argued Plaintiff was not entitled to further payment under the O&L provision or policy, as Plaintiff had not performed any repairs to the roof and, therefore, had not yet “incurred” any expenses or costs. Defendant obtained a zero-dollar arbitration award, when opposing counsel was seeking $125,523.07 in alleged damages.
• Collier County, Florida
• Nicole W. Friedlander, Esq.

Webb Roofing & Construction, LLC a/a/o Michael Costanzo and Gloria Costanzo v. Homeowners Choice Property & Casualty Insurance Company, Inc.

• Hurricane Irma claim for breach of contract.
• At non-binding arbitration, Defendant successfully argued Plaintiff failed to set forth credible evidence that the roof sustained damage from Hurricane Irma such that it needed to be replaced, even despite Plaintiff’s engineering report opining as such. Defendant obtained a zero-dollar arbitration award, when opposing counsel was seeking $119,707.00 in alleged damages.
• Collier County, Florida
• Nicole W. Friedlander, Esq. and Brandon Weitzman, Esq.

Jean Flavel and Marie Paul v. United Property and Causalty Insurance Company

• Late-reported and denied Hurricane Irma claim.
• Plaintiffs failed suit on a late-reported and denied Hurricane Irma claim based on United’s engineer’s inspection concluding Hurricane Irma was not the cause of loss. During the court-ordered non-binding arbitration, the arbitrator’s rationale for awarding a zero-dollar arbitration award was that Plaintiffs had actual knowledge the roof was damaged as early as November 5, 2017, but did not report the claim until May 2, 2019; therefore, Plaintiffs failed to provide prompt notice.
• Lee County, Florida
• AlaEldean Elmunaier, Esq.

Wing v. FSIC

• Late-reported Hurricane Irma claim.
• At non-binding arbitration, we argued late notice with resulting prejudice and the arbitrator found Plaintiffs could not overcome the prejudice, resulting in a full defense verdict.
• Collier County, Florida
• Jordan H. Lande, Esq.

Island Roofing a/a/o Wilkerson v. UPC

• Late-reported Hurricane Irma claim.
• At the non-binding arbitration, the arbitrator agreed with our argument that, based on denial of the claim, Plaintiff’s contract language rendered its contract void and unenforceable and, thus, Island Roofing lacked the standing to maintain a lawsuit, resulting in a full defense verdict.
• Collier County, Florida
• Jordan H. Lande, Esq.

David Monk and Amanda Monk v. United Property & Casualty Insurance Company, 2020-CA-003097

• Late-reported Hurricane Irma claim.
• UPC investigated, estimating $735.11 in covered damage. Plaintiffs provided a competing estimate prepared by Keys Claims Consultants with a total estimated cost of repair for $114,665.69, which included a complete roof replacement, as well as new windows and doors. UPC stood their ground on the below-deductible decision. At arbitration, Plaintiffs provided their estimate and a report from National Testing Services. UPC relied on an expert report prepared by Rimkus. The arbitrator found UPC’s expert report was the more persuasive regarding the cause and origin of the water intrusion and, based on the same, found UPC to be the prevailing party and Plaintiff was entitled to nothing. Facing a demand of $182,192.17, we were able to settle the case for $75,000.00.
• Collier County, Florida

 Rhonda Oines v. United Property & Casualty Insurance Company, 2021-CA-003580

• Late-reported Hurricane Irma claim.
• UPC denied the claim citing late reporting prejudice and Statute of Limitations.
• At non-binding arbitration, the arbitrator determined the claim was barred based on the Statute of Limitations. The Arbitrator also found the Homeowner failed to provide prompt notice, and the Plaintiff’s engineer’s report could not be relied on to determine the cause of the damage because the roof was being replaced when inspected.  The arbitrator further noted that the Plaintiff’s Engineer’s report was vague and conclusionary as it did not provide sufficient evidence or explanation to support its conclusions. Facing a demand of $117,890.93, we were able to settle the case for $60,000.00.
• Lee County, Florida
• Samantha A. Navedo, Esq.

Castilla Roofing a/a/o Wayne Fletcher v. United Property & Casualty Insurance Company, 2021-CA-01277;

• Late-reported and denied Hurricane Irma claim.
• Insured executed an Assignment of Benefits to Castilla Roofing (“Castilla”). The insured later hired National Roofing of Collier, Inc. to replace the roof completed in June 2020. Castilla filed suit on June 15, 2021, attempting to collect under the assignment. The arbitrator determined that, as the holder of the AOB, Castilla could only recover for services rendered or to be rendered and because the roof had been replaced it did not appear Castilla had ever or would ever render services. Based on the same, the arbitrator found UPC to be the prevailing party and that Plaintiff was entitled to nothing. As a result, a Notice of Voluntary Dismissal without payment was filed.
• Collier County, Florida
• Samantha A. Navedo, Esq.

Karla Drummond v. Citizens Property Insurance Corporation

• Hurricane Irma claim denied based on no peril created opening and age, wear, and tear.
• Complete defense verdict.
• Broward County, Florida
• Charles M. Prior, Esq.

Inelda Torres v. Citizens Property Insurance Corporation

• Hurricane Irma claim denied based on no peril created opening and age, wear, and tear.
• Complete defense verdict.
• Miami-Dade County, Florida
• Alison Trejo, Esq.

Christopher Bachman v. United Property & Casualty Insurance Company

• Partially denied water leak claim.
• Complete defense verdict.
• Miami-Dade County, Florida
• Danielle A. Wallis, Esq. and Jeffrey Wank, Esq.

Orlando Casanas v. Citizens Property Insurance Corporation

• Hurricane Irma claim denied based on no peril created opening and age, wear, and tear.
• Complete defense verdict.
• Broward County, Florida
• Munir Barakat, Esq.

Atles Lazard v. Citizens Property Insurance Corporation

• Denied Hurricane Irma claim.
• On the morning of trial, Plaintiff filed a late notice Notice of Dismissal with Prejudice to which Citizens agreed.
• Broward County, Florida
• Errin E. Camner, Esq.

Jorge Torres v. Tower Hill Insurance Company

• The claim was reported timely as a January 2019 roof leak claim, which was denied for pre-existing damage and other exclusions. Plaintiff subsequently filed suit for a Hurricane Irma claim, without ever reporting the Hurricane Irma loss.
• After we obtained evidence establishing the damage existed at the time the insured purchased the house, pre-Irma, Plaintiff dismissed his claim. Due to the dismissal being filed the day before trial, a 57.105 action for sanctions was filed.
• Palm Beach County, Florida
• Alison J. Trejo, Esq., Todd Schwartz, Esq., and Jeffrey Wank, Esq.

Whitehouse v. State Farm Insurance Company

• Partially covered windstorm claim.
• In this declaratory judgment case, Plaintiff argued there had been no coverage found and no payment made; although, records showed Plaintiffs were paid for the replacement of their roof and repairs to the interior of the property.
• A Motion in Limine was filed to preclude Plaintiff from introducing evidence from the later reported claim. The Court granted our Motion in Limine and Plaintiff dismissed the action without prejudice. Plaintiff could not refile as the Statute of Limitations had expired. Additionally, an expired Proposal for Settlement for $20,000.00 was in place, leaving Plaintiff potentially exposed.
• Seminole County, Florida
• Michael Colgan, Esq.

Elie and Josue Louis v. Olympus Insurance Co.

• Denied plumbing leak.
• After filing a Motion to Dismiss Plaintiffs’ Complaint for Fraud on the Court, Plaintiffs voluntarily dismissed their suit, saving our client $120,000.00.
• Broward County, Florida
• Nadine W. Mathieu, Esq.

Janice Whitehouse v. State Farm Florida Insurance Company

• Covered roof loss with a later-alleged chimney loss under a separate claim, not listed in the complaint.
• Plaintiff voluntarily dismissed her claim without payment and settled with an agreement not to pursue costs.
• Seminole County, Florida
• Michael Colgan, Esq.

Marian Fray and Cecilia Ellis v. Southern Fidelity Insurance Company

• Late-reported Hurricane Irma claim.
• Insureds filed a supplemental claim after the three-year Statute of Limitations ran. After we initiated a 57.105 sanctions action, Plaintiffs agreed to a walk-away deal, saving our client $122,000.00.
• Broward County, Florida
• Andrew J. Zaslow, Esq.

 Eduardo Africano v. United Property & Casualty Ins. Co.

• Denied Hurricane Irma claim.
• After we filed a Motion for Summary Judgment based upon late notice prejudice and a Motion to Dismiss for Fraud on the Court arising out of Plaintiff’s testimony that he observed damages the day after the hurricane and took immediate remedial measures, Plaintiff dismissed his suit. Through discovery, we established he was incarcerated at the time of the hurricane and for several months afterwards.
• Broward County, Florida
• Glenn Dill, Esq.

Air Quality Assessors of Florida a/a/o Joe Braccio v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier did not issue payment because the claim itself was denied.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 sanctions letter.
• Orange County, Florida
• Kurt M. Ciell, Esq.

Air Quality Assessors of Florida a/a/o Nancy & Nelson Merced v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment because services were not compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 sanctions letter.
• Orange County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Dorothy Stephenson v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier denied payment because services were not compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 sanctions letter.
• Jefferson County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Charles Everitt v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier offered to pay for the indoor assessment but denied the engineering inspection for not being compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal and agreed to a walk-away settlement with a release.
• Jackson County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Sun Qiao v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an indoor environmental assessment. Carrier denied payment because the underlying insurance claim was denied.
• Plaintiff filed a Notice of Voluntary Dismissal with prejudice and agreed to a walk-away settlement with a release.
• Orange County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Helen Laskaris v. American Integrity Insurance Company of Florida

• Late-reported Hurricane Irma claim where assessment company sought payment under the policy for an engineering inspection. While we settled the claim with the named insured, which included separately negotiated settlement for Plaintiff’s engineering inspection, Plaintiff still proceeded with her suit.
• Plaintiff filed a Notice of Voluntary Dismissal as Kelley Kronenberg negotiated an AQA settlement as part of the named insured’s lawsuit prior to AQA filing suit.
• Lee County, Florida
• Kurt M. Ciell, Esq.

Air Quality Assessors of Florida a/a/o Javier Casanova v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment because the underlying insurance claim fell under the homeowner’s deductible.
• Plaintiff filed a Notice of Voluntary Dismissal on the eve of the hearing on Defendant’s Motion for Summary Judgment.
• Palm Beach County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Joseph Meyer v. American Integrity Insurance Company of Florida

• Hurricane Irma claim, where the assignment agreement was signed more than three years after the date of loss.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 action seeking sanctions, as the AOB was signed more than three years after the hurricane.
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Daniel Schaich v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier denied payment because the underlying insurance claim was denied.
• Plaintiff filed a Notice of Voluntary Dismissal on the eve of the hearing on Defendant’s Motion for Summary Judgment, following Plaintiff’s counsel’s loss to Kelley Kronenberg on a Motion for Summary Judgment before the same judge.
• Sumter County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Ashley Haire v. Family Security Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment because the underlying insurance claim was denied.
• Plaintiff filed a Notice of Voluntary Dismissal with prejudice because AOB was signed after the insured sold the house.
• Leon County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Jon Sherman v. First Protective Insurance Company

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment for an invalid assignment agreement.
• Plaintiff filed a Notice of Voluntary Dismissal prior to the hearing on Defendant’s Motion to Dismiss on a Kivovitz AOB with a post-dated invoice.
• Bay County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Lynn McCrary v. First Protective Insurance Company

• Breach of contract action.
• Plaintiff filed a Notice of Voluntary Dismissal prior to the hearing on Defendant’s Motion to Dismiss on a Kivovitz AOB with a post-dated invoice.
• Santa Rosa County, Florida
• Katherine Koener, and Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Debra Hager v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment for an invalid assignment agreement and because the services were not compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal after Plaintiff’s counsel was reminded the same judge granted our Motion for Summary Judgment against him in 2021.
• Escambia County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Angela Harris v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an environmental assessment. Carrier denied payment for invalid assignment agreement and because services were not compensable by the carrier under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal prior to the hearing on Defendant’s Motion for Summary Judgment which was premised on the fact that Plaintiff’s invoice did not exceed the policy deductible and State Farm still had not opened coverage on the claim.
• Polk County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Peter Salverda v. Olympus Ins. Co.

• Hurricane Irma claim, where the assignment agreement was signed more than three years after the date of loss.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 action seeking sanctions as the AOB was signed more than three years after the hurricane.
• Lee County, Florida
• Kurt M. Ciell, Esq.

ELR Restoration, Inc. a/a/o Philip Perez v. Olympus Insurance Co.

• Partial denial roof claim arising from Hurricane Sally.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Summary Judgment and Motion for Sanctions under 57.105, saving our client $30,000.00.
• Osceola County, Florida
• Sarah K. Landers, Esq.

SFR Services a/a/o Ronald and Carla Felts v. First Protective Insurance Company

• Denied, late-reported roof claim.
• Less than a month before trial, Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Summary Judgment and Motion for Sanctions under 57.105 based on an invalid AOB and late reporting, saving our client $213,000.00.
• Lee County, Florida
• Sarah K. Landers, Esq.

Ignazio and Winifred Digerlando v. Family Security

• Denied roof claim.
• Plaintiff filed a Notice of Voluntary Dismissal after the deposition of the insured and Motion for Summary Judgment, saving our client over $50,000.00, not including fees.
• Seminole County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Cenia Miranda v. Olympus Insurance Company

• Late-reported plumbing claim.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion to Dismiss premised on an invalid AOB agreement.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Irializ Pedroza v. Olympus Insurance Company

• Partially denied kitchen plumbing leak claim.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Sanctions under 57.105.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Philip Perez v. Olympus Insurance Company

• Partial denial roof claim arising from Hurricane Sally.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Summary Judgment and Motion for Sanctions under 57.105; a pre-suit proposal for settlement of $11,000.00 had previously been denied.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Philip Perez v. Olympus Insurance Company

• Denied roof claim.
• Plaintiff filed a Notice of Voluntary Dismissal following a hearing on our Motion to Dismiss, saving our client more than $36,000.00. Additionally, due to a Proposal for Settlement being tendered, we were able to recoup fees.
• Osceola County, Florida
• Sarah K. Landers, Esq.

The Kidwell Group d/b/a Air Quality Assessors a/a/o Scott and Claudia Rich v. First Protective Insurance Company

• Covered Hurricane Irma claim.
• Plaintiff filed a Notice of Voluntary Dismissal after we asserted invalid AOB.
• Brevard County, Florida
• Sarah K. Landers, Esq.

ELR Restoration a/a/o Suzanne Burns v. Olympus Insurance Company

• Covered claim arising from a broken septic drain that caused flooding.
• Plaintiff was the second company to complete emergency mitigation services at the property, after the full $3,000.00 policy limit had been paid. Plaintiff and/or the insured did not comply with providing a written request for approval to increase the EMS limit prior to performing the work. Plaintiff dismissed on the morning of the hearing on our Motion for Summary Judgment. Plaintiff’s demand exceeded $30,000.00.
• Orange County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Bermudez v. Olympus Insurance Company

• Claim arising from an A/C backup in the garage and alleged water damage.
• ELR Restoration submitted invoices for water mitigation, cleaning service and content cleaning, totaling over $40,000.00. Plaintiff’s demand was $55,000.00 and, after deposition of the insured and written discovery, our Motion for Summary Judgment was filed based upon invalidity of the Assignment, including the failure to provide an itemized per unit cost estimate. A dismissal was filed on the eve of the Motion for Summary Judgment hearing paving the way for Olympus to recover its defense costs.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

Charles and Patricia Zellerbach v. Olympus Insurance Company

• Denied Hurricane Irma claim.
• After the claim was filed, Olympus received correspondence from Elite Claims Consulting, LLC, as the public adjuster for SFR Services, LLC a/a/o Charles Zellerbach with an estimate totaling $142,554.65 for replacement of the tile roof. The insureds then sold the property to Matthew McGraw (owner of Elite Claims and brother of Ricky McGraw of SFR Services) and assigned the rights to the claim. Despite denial of the claim, Matthew McGraw transferred the property to an LLC and continued to push the claim forward. We investigated the claim, EUOs (Examinations Under Oath) were conducted, and the claim was withdrawn with no payment.
• Lee County, Florida
• Todd A. Schwartz, Esq.

Joanne Pecuch v. FedNat Insurance Company

• Roof claim for an unnamed storm, in 2020.
• This matter was received pre-suit, following receipt of a Civil Remedy Notice. Through investigation, it was determined the insured had reported a Hurricane Irma claim with a prior carrier, wherein coverage was afforded for roof repairs. The application with FedNat indicated no prior claims and no unrepaired damage. We prepared a coverage denial and policy rescission and defended the lawsuit, resulting in a voluntary dismissal without payment and savings to our client of $250,000.00.
• Broward County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Henriquez v. Tower Hill Insurance Company

• Covered kitchen claim.
• Tower Hill came to an agreement with ELR during the investigation and fully paid the claim in 2015/2016, including the recoverable depreciation after receipt of the Certificate of Completion. Three years later, ELR updated the estimate and sought an additional $3,000.00. After discovery and depositions, our Motion for Summary Judgment was filed based on accord and satisfaction. Plaintiff dismissed on the morning of hearing. Tower Hill recovered its costs.
• Orange County, Florida
• Todd A. Schwartz, Esq.

Air Quality Assessors a/a/o Roth v. American Integrity Insurance Company

• Plaintiff filed suit seeking payment for a $3,500.00 engineering report prepared for Insureds.
• Summary Judgment granted based upon invoice not being intended to mitigate, repair, or replace physical loss of any type, nor was it required to effectuate repairs.
• Lake County, Florida
• Katherine Koener, Esq.

The Kidwell Group a/a/o Jones v. State Farm Insurance Company

• Plaintiff filed suit seeking payment for a $3,500.00 engineering report prepared for Insureds.
• Summary Judgment granted based upon invoice not being intended to mitigate, repair, or replace physical loss of any type, nor was it required to effectuate repairs.
• Lake County, Florida
• Katherine Koener, and Kurt M. Ciell, Esq.

Air Quality Assessors of Florida a/a/o Joe Braccio v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier did not issue payment because the claim itself was denied.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 sanctions letter.
• Orange County, Florida
• Kurt M. Ciell, Esq.

Air Quality Assessors of Florida a/a/o Nancy & Nelson Merced v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment because services were not compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 sanctions letter.
• Orange County, Florida
• Kurt M. Ciell, Esq.

Air Quality Assessors of Florida a/a/o Javier Casanova v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment because the underlying insurance claim fell under the homeowner’s deductible.
• Plaintiff filed a Notice of Voluntary Dismissal on the eve of the hearing on Defendant’s Motion for Summary Judgment.
• Palm Beach County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Jose Bello-Rodriguez v. Family Security Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied payment due to not being a compensable service under the terms of the policy.
• The Court declared the AOB invalid and unenforceable due to violations of 627.7152(2)(a)4 and (5).
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Jennifer Glantz v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied payment due to not being a compensable service under the terms of the policy.
• TheCourt declared the AOB invalid and unenforceable due to violation of 627.7152(2)(a)4.
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Lauren Dial v. Family Security Ins. Co.

• Tropical Storm/Hurricane Eta claim, where Plaintiff is an assessment company that sought payment under the policy for an environmental assessment. Carrier granted coverage to Plaintiff’s service invoice; however, as the total claim fell under the policy’s deductible, no payment was made.
• The Court granted Defendant’s Motion for Reconsideration of a prior order denying Defendant’s Motion to Dismiss due to violations of 627.7152(2)(a)4 and (2)(a)5.
• Pasco County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Stephen Bigora v. First Protective Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied payment due to not being a compensable service under the terms of the policy. The Court also granted Defendant’s Motion for Entitlement to Fees.
• The Court declared the AOB invalid and unenforceable due to violations of 627.7152(2)(a)4 and (2)(a)5.
• Pasco County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o James Hutter v. First Protective Ins. Co.

• An assessment company sought payment under the policy for a mold assessment and engineering inspection. Carrier paid Plaintiff for the mold assessment, but denied payment for the engineering inspection due to it not being a compensable service under the policy.
• The Court declared the AOB invalid and unenforceable due to Plaintiff’s failure to comply with all provisions of 627.7152(2)(a).
• Santa Rosa County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Alan Alvarez v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an environmental assessment. Carrier denied payment for invalid assignment agreement and because services were not compensable by the carrier under the terms of the policy.
• The Court declared the AOB invalid and unenforceable due to failure to comply with 627.7152(2)(a).
• Pasco County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Cheryl Spano v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for a water damage assessment, which was denied payment due to not being a compensable service under the terms of the policy.
• The Court granted Defendant’s Motion for Reconsideration of its prior order denying Defendant's Motion to Dismiss due to violations of 627.7152(2)(a)4.
• Marion County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Sadie Williams v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for a mold assessment and engineering inspection. Carrier denied payment for invalid assignment agreement.
• The Court declared the AOB invalid and unenforceable due to Plaintiff’s failure to comply with all provisions of 627.7152(2)(a).
• Duval County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Ruth Srulevitch v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection, which was denied due to not being a compensable service under the policy.
• The Court declared the AOB invalid and unenforceable due to Plaintiff’s failure to comply with the provisions of Florida Statutes 627.7152(2)(a).
• Sumter County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Dorothy Stephenson v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier denied payment because services were not compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 sanctions letter.
• Jefferson County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Charles Everitt v. American Integrity Insurance Company of Florida

• AN Assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier offered to pay for the indoor assessment but denied the engineering inspection for not being compensable under the policy terms.
• Plaintiff filed a Notice of Voluntary Dismissal and agreed to a walk-away settlement with a release.
• Jackson County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Sun Qiao v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an indoor environmental assessment. Carrier denied payment because the underlying insurance claim was denied.
• Plaintiff filed a Notice of Voluntary Dismissal with prejudice and agreed to a walk-away settlement with a release.
• Orange County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Helen Laskaris v. American Integrity Insurance Company of Florida

• Late-reported Hurricane Irma claim where assessment company sought payment under the policy for an engineering inspection. While we settled the claim with the named insured, which included separately negotiated settlement for Plaintiff’s engineering inspection, Plaintiff still proceeded with her suit.
• Plaintiff filed a Notice of Voluntary Dismissal as Kelley Kronenberg negotiated an AQA settlement as part of the named insured’s lawsuit prior to AQA filing suit.
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Joseph Meyer v. American Integrity Insurance Company of Florida

• Hurricane Irma claim, where the assignment agreement was signed more than three years after the date of loss.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 action seeking sanctions, as the AOB was signed more than three years after the hurricane.
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Daniel Schaich v. American Integrity Insurance Company of Florida

• An assessment company sought payment under the policy for an engineering inspection and indoor environmental assessment. Carrier denied payment because the underlying insurance claim was denied.
• Plaintiff filed a Notice of Voluntary Dismissal on the eve of the hearing on Defendant’s Motion for Summary Judgment, following Plaintiff’s counsel’s loss to Kelley Kronenberg on a Motion for Summary Judgment before the same judge.
• Sumter County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Ashley Haire v. Family Security Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment because the underlying insurance claim was denied.
• Plaintiff filed a Notice of Voluntary Dismissal with prejudice because AOB was signed after the insured sold the house.
• Leon County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Jon Sherman v. First Protective Insurance Company

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment for an invalid assignment agreement.
• Plaintiff filed a Notice of Voluntary Dismissal prior to the hearing on Defendant’s Motion to Dismiss on a Kivovitz AOB with a post-dated invoice.
• Bay County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Lynn McCrary v. First Protective Insurance Company

• Breach of contract action.
• Plaintiff filed a Notice of Voluntary Dismissal prior to the hearing on Defendant’s Motion to Dismiss on a Kivovitz AOB with a post-dated invoice.
• Santa Rosa County, Florida
• Katherine Koener, and Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Debra Hager v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an engineering inspection. Carrier denied payment for an invalid assignment agreement and because the services were not compensable under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal after Plaintiff’s counsel was reminded the same judge granted our Motion for Summary Judgment against him in 2021.
• Escambia County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Angela Harris v. State Farm Florida Ins. Co.

• An assessment company sought payment under the policy for an environmental assessment. Carrier denied payment for invalid assignment agreement and because services were not compensable by the carrier under the terms of the policy.
• Plaintiff filed a Notice of Voluntary Dismissal prior to the hearing on Defendant’s Motion for Summary Judgment which was premised on the fact that Plaintiff’s invoice did not exceed the policy deductible and State Farm still had not opened coverage on the claim.
• Polk County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group a/a/o Peter Salverda v. Olympus Ins. Co.

• Hurricane Irma claim, where the assignment agreement was signed more than three years after the date of loss.
• Plaintiff filed a Notice of Voluntary Dismissal in the face of our 57.105 action seeking sanctions as the AOB was signed more than three years after the hurricane.
• Lee County, Florida
• Kurt M. Ciell, Esq.

The Kidwell Group d/b/a Air Quality Assessors a/a/o Scott and Claudia Rich v. First Protective Insurance Company

• Covered Hurricane Irma claim.
• Plaintiff filed a Notice of Voluntary Dismissal after we asserted invalid AOB.
• Brevard County, Florida
• Sarah K. Landers, Esq.

In addition to the below, multiple clients assigned KK cases with ELR Restoration where years after the execution ELR’s assignment of benefits, investigation, and closure of the claim, ELR filed suit over an estimate for $2,000.00 to recoup costs for inspection, travel, photographs and preparing an estimate. While ELR was expecting quick settlement due to the nominal value, we vigorously fought these claims on behalf of our clients as there was no coverage for such an invoice under the various policies. After securing wins on several motions for judgment on the pleadings and pursuing expired proposals for settlement, we were able to leverage the victories to obtain over 75 dismissals on similar cases on behalf of our clients. Not a single $2000 invoice was paid, litigation fees/costs were kept to a minimum and the practice on behalf of ELR Restoration of submitting this non-compensable invoices has ceased.

ELR RESTORATION INC a/a/o Philip Perez v. Olympus Insurance Co.

• Partial denial roof claim arising from Hurricane Sally.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Summary Judgment and Motion for Sanctions under 57.105 based on an invalid AOB, saving our client $30,000.00.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Cenia Miranda v. Olympus Insurance Company

• Late-reported plumbing claim.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion to Dismiss based on an invalid AOB agreement.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Irializ Pedroza v. Olympus Insurance Company

• Partially denied kitchen plumbing leak claim.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Sanctions under 57.105.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Philip Perez v. Olympus Insurance Company

• Partial denial roof claim arising from Hurricane Sally.
• Plaintiff filed a Notice of Voluntary Dismissal in response to our Motion for Summary Judgment and Motion for Sanctions under 57.105; a pre-suit proposal for settlement of $11,000.00 had previously been denied.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration, Inc. a/a/o Dennis Ruiz v. Olympus Insurance Company

• Denied roof claim.
• Plaintiff filed a Notice of Voluntary Dismissal following a hearing on our Motion to Dismiss, saving our client more than $36,000.00. Additionally, due to a Proposal for Settlement being tendered, we were able to recoup fees.
• Osceola County, Florida
• Sarah K. Landers, Esq.

ELR Restoration a/a/o Suzanne Burns v. Olympus Insurance Company

• Covered claim arising from a broken septic drain that caused flooding.
• Plaintiff was the second company to complete emergency mitigation services at the property, after the full $3,000.00 policy limit had been paid. Plaintiff and/or the insured did not comply with providing a written request for approval to increase the EMS limit prior to performing the work. Plaintiff dismissed on the morning of the hearing on our Motion for Summary Judgment. Plaintiff’s demand exceeded $30,000.00.
• Orange County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Bermudez v. Olympus Insurance Company

• Claim arising from an A/C backup in the garage and alleged water damage.
• ELR Restoration submitted invoices for water mitigation, cleaning service and content cleaning, totaling over $40,000.00. Plaintiff’s demand was $55,000.00 and, after deposition of the insured and written discovery, our Motion for Summary Judgment was filed based upon invalidity of the Assignment, including the failure to provide an itemized per unit cost estimate. A dismissal was filed on the eve of the Motion for Summary Judgment hearing paving the way for Olympus to recover its defense costs.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Henriquez v. Tower Hill Insurance Company

• Covered kitchen claim.
• Tower Hill came to an agreement with ELR during the investigation and fully paid the claim in 2015/2016, including the recoverable depreciation after receipt of the Certificate of Completion. Three years later, ELR updated the estimate and sought an additional $3,000.00. After discovery and depositions, our Motion for Summary Judgment was filed based on accord and satisfaction. Plaintiff dismissed on the morning of hearing. Tower Hill recovered its costs.
• Orange County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Joseph Cornejo v. Tower Hill Signature Insurance Company

• Covered kitchen claim.
• Tower Hill came to an agreement with ELR during the investigation and fully paid the claim in 2015/2016, including the recoverable depreciation after receipt of the certificate of completion. Three years later, ELR updated the estimate and sought an additional $3,000.00. After discovery and depositions, our Motion for Summary Judgment was filed based on the agreement, as well as accord and satisfaction. Plaintiff dismissed on the morning of hearing. Tower Hill recovered its costs as well as sanctions for Plaintiff’s conduct during litigation.
• Orange County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Manuel Garcia Leoin v. American Integrity Insurance Company

• Claim based on an HVAC leak at the property.
• American Integrity prevailed on its Motion to Dismiss with Prejudice, arguing the ELR assignment did not comply with Florida Statutes 627.7152. Thus, Plaintiff’s claim for nearly $30,000.00 was dismissed with prejudice.
• Orange County
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Bermudez v. Olympus Insurance Company

• Claim arising from an A/C backup in the garage along with alleged water damage.
• ELR Restoration submitted three invoices, for water mitigation, cleaning service and content cleaning, totaling over $20,000.00. Olympus prevailed on its Motion to Dismiss with Prejudice, arguing the ELR assignment agreement did not comply with Florida Statutes 627.7152.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a/o Marrero v. American Integrity Insurance Company

• Claim arising from a windstorm with claimed roof leaks.
• ELR Restoration submitted invoices for water mitigation, cleaning service and content cleaning, totaling over $40,000.00. Plaintiff’s demand was $55,000.00 and, after written discovery, our Motion for Summary Judgment was filed based on the invalidity of the assignment, including the failure to provide an itemized per unit cost estimate. A 57.105 was served and Plaintiff filed a dismissal during the safe harbor period.
• Osceola County, Florida
• Todd A. Schwartz, Esq.

ELR Restoration a/a. Hernandez v. American Integrity Insurance Company

• Claim arising from an A/C backup.
• ELR Restoration submitted invoices for water mitigation, cleaning service and content cleaning, totaling nearly $40,000.00. Plaintiff’s demand was $45,000.00 and, after written discovery, our Motion for Summary Judgment was filed based on the invalidity of the assignment, including the failure to provide an itemized per unit cost estimate. A 57.105 was served and Plaintiff filed a dismissal during the safe harbor period.
• Osceola County, Florida
• Todd A. Schwartz, Esq.