Bressler attorneys stand strong on stringent policy interpretation despite opposing counsel’s attempt to circumvent the clear and unambiguous policy provisions.  Like many other insurance policies, the policy at issue contained a policy endorsement limiting damages as a result of a plumbing loss to $10,000.00. This limit of coverage the insured elects to include in their homeowners policy, directly affects the premiums paid by the homeowner from the initial acquisition of the insurance policy.  Despite the $10,000.00 limit contained in the insurance policy, the Plaintiffs’ submitted an estimate of damages to Security First that was well-above and beyond the $10,000.00 limit. Plaintiff’s counsel attempted to argue that the endorsement was ambiguous based on the portion of the endorsement stating that “all other policy provisions apply.” Lauren Weber, on behalf of the Bressler team, was  successful in arguing to the Court that the policy provision limiting damage was clear and unambiguous, and that the Plaintiff would only be entitled to damages up to $10,000.00, relying upon the case of Certain Interested Underwriters at Lloyd's London v. Pitu, Inc, 95 So. 3d 290 (Fla 3 DCA 2012). Judge Carsten, in the Orange County Circuit Court, found the case law instructive and granted Security First’s Partial Motion for Summary Judgment limiting the total amount of contractual damages to $10,000. This win can pave the path for the application of this argument across a multitude of other cases and serve to limit the amount of liability exposure for Bressler’s clients.

In an additional surprise hurdle, on the eve of presenting to the Court, Plaintiff’s counsel attempted to thwart arguments through a request for continuance. Ms. Weber was able to defeat this request as the  continuance was not supported by good cause and failed to comply with the requisite showing under Florida Rules. As such, the Court allowed arguments to proceed regarding the policy limitation. Bressler attorneys stood strong on their position, and right to be heard, resulting in a favorable outcome.

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