Silverberg Brito

Partial Summary Judgment/Dismissal with Prejudice

Miami Junior Partner Anthony Perez, Esq., obtained partial summary judgment followed by a dismissal with prejudice in the matter styled Diana Carrasco Landauer v. Citizens Property Insurance Corporation. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a balcony/window leak. Defendant filed its Motion for Summary Judgment, maintaining the position that the interior damage caused by rain was not covered by the policy as there was no evidence that the rain water entered the property through a peril created opening. In response to the motion, despite Plaintiff having testified that the claimed damage was the result of rain water entering her property, Plaintiff attempted to change the cause of loss from a balcony/window leak to a plumbing leak, filing an affidavit signed by a supposed expert in support of this new theory. Mr. Perez then secured partial summary judgment in favor of Defendant, as to any damages claimed by Plaintiff resulting from rain, and sought the deposition of Plaintiff’s supposed expert, seeking the basis for the opinion asserted in his affidavit. Just before that deposition, Plaintiff dismissed the case. Read More.