Miami Partner George Hooker and Fort Lauderdale East Partner Tyler Gilwit recently achieved a significant victory, securing a complete defense verdict in a first party property case tried in Miami-Dade County. The case centered on a single pivotal issue: whether the Plaintiff had sent the insurance carrier a sworn proof of loss.
The Plaintiff's case heavily relied on testimony from their public adjuster, who claimed that the sworn proof of loss was always sent via US Mail followed by email. The Plaintiff also testified, asserting they were present when the public adjuster sent the document. However, Mr. Hooker and Mr. Gilwit meticulously dismantled this narrative, highlighting critical inconsistencies and gaps in the evidence:
- The public adjuster failed to produce a copy of the sworn proof of loss in their file.
- No concrete proof of mailing or emailing the document was provided.
- The adjuster, who has handled 118 claims with this particular carrier, had a demonstrable history of sending the sworn proof of loss exclusively via email in all prior instances.
These compelling points ultimately swayed the jury, which returned a complete defense verdict, determining that the Plaintiff did not comply with the policy requirements for submitting the sworn proof of loss.
This outstanding outcome was made possible by the collaborative efforts of Miami Associate Jessi Lippman, Miami Paralegal Tammy Wolfe, and Miami Legal Assistant Johana Marquez.
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