CSK Plantation Partner, Nicholas LeRoy, and Associate, Esa Ahmed, successfully obtained a directed verdict which overturned a jury verdict after trial in Miami-Dade County. The Plaintiff was a water mitigation company performing dry-out services pursuant to an assignment of benefits. Pursuant to the assignment of benefits, the Plaintiff submitted an invoice to the Defendant in the amount of $10,217.65. Defendant defended the claim on the basis that the water mitigation work was capped at $3,000.00, pursuant to a Reasonable Emergency Measures provision within the insurance policy. At trial, Plaintiff argued that its water mitigation and dry-out services amounted to “restoration work,” which were akin to repairs, in addition to mitigation work. Accordingly, Plaintiff argued its work circumvented the Reasonable Emergency Measures cap and that it was entitled to the full invoice.
At trial, CSK moved for a directed verdict and argued the Plaintiff’s work did not amount to restoration work (i.e. repairs) because the Plaintiff failed to present evidence showing that a single repair was made, and the only testimony elicited from the Plaintiff related to the drying of water inside the insured’s home. The Court reserved ruling on the defense’s Motion for Directed Verdict. Although the jury ruled in favor of the Plaintiff, the Court overturned the verdict and granted the Defendant’s Motion for Directed Verdict.
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