Miami Partner Dania Battle and Associate Frank Samitier obtained a Full Defense Arbitration award for our client, an insurance carrier, in Miami-Dade county.
The carrier, through the policy, invoked arbitration via the Florida Division of Administrative Hearings (DOAH) in response to a Notice of Intent to initiate litigation. Of note, these proceedings are on an intense time constraint, requiring the parties to complete discovery and depositions within 60-90 days. The arbitration decision is also binding on the parties under the policy’s endorsement.
The Insured claimed extensive damage to the roof and interior of his property. However, our team presented evidence that the roof had been leaking previously with aerial photography showing prior repairs on the roof within the 2 years before the date of loss. The Judge also noted that our expert was much more persuasive. We served an Offer of Judgment which was rejected and the client will now be able to seek fees and costs due to this win.
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