Final Summary Judgment – Professional Malpractice – Miami-Dade County

Miami Associate Vanessa Michaud successfully argued and obtained a final summary judgment in an professional malpractice action against an insurance agency in Miami-Dade County Florida.

The Plaintiffs alleged that Defendants engaged in fraud and were negligent in misrepresenting to Plaintiffs that there was hazard and flood insurance on the subject property that she was purchasing, through allegedly “fake” certificates of insurance, and that Defendants failed to collect the insurance premiums from the closing agent. As such, Plaintiffs alleged that they did not have insurance coverage on the subject property when Hurricane Irma hit Florida and damaged the property.

The defense argued mainly that the record evidence demonstrated that there was no intent by Defendants to defraud Plaintiffs, particularly since Plaintiffs only received quotes from Defendants pertaining to the hazard and flood insurance for the subject property. The defense also argued that the record evidence did not demonstrate that the Defendants made any promise to obtain insurance for Plaintiffs without receiving payment for the hazard and flood insurance policies, and that there was no duty to collect insurance premium checks from the closing agent.

The Court agreed and granted the Defendants’ Motion for Final Summary Judgment.

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