Mark Tinker and Mary Lou Cuellar-Stilo of CSK’s Tampa office obtained a reversal of a final judgment against People’s Trust based on a claim that it waived its ability to repair covered hurricane losses when it failed to provide emergency mitigation services following that hurricane. Mark and Mary Lou successfully established that emergency mitigation and dwelling repairs are provided by different portions of the policy, such that a perceived breach of one portion could not constitute a breach of another. Because People’s Trust at all times sought to fulfill its contractual obligation to repair, the Fourth District reversed and remanded the case with instructions to compel the insured’s compliance.
Mark Tinker
mark.tinker@csklegal.com
(813) 509-2613
Bio
Mary Lou Cuellar-Stilo
marylou.cuellar-stilo@csklegal.com
(813) 864-9310
Bio
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