Case:
The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Saksams Investments, Inc. v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Florida Insurance Law Group, LLC
Result:
Dismissal
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal in the matter styled The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Saksams Investments, Inc. v. Defendant Insurance Company. Plaintiff filed suit pursuant to an assignment of benefits alleging that Defendant breached the commercial insurance contract by denying coverage for its claim for payment for an engineering report concerning damage to a shopping center from a tornado. Defendant filed its Motion for Final Summary Judgment, and its Motion for Sanctions Pursuant to Florida Statute §57.105, contending that the preparation of an engineering report did not constitute a direct physical loss covered by the commercial wind-only policy, and that Plaintiff’s purported assignment agreement failed to comply with Florida Statute §627.7152, and was therefore invalid and unenforceable, rendering Plaintiff without standing to maintain the lawsuit. Minutes before the hearing on Defendant’s Motion for Final Summary Judgment, Plaintiff dismissed the case. Plaintiff then reimbursed Defendant for the attorneys’ fees and costs incurred defending Plaintiff’s frivolous claims, pursuant to Florida Statute §57.105. Read More.
