MMP&S Obtains Defense Verdict in Assignment of Insurance Benefits Trial

Ian Alperstein and Samantha Reynolds obtained a defense verdict for a first-party property insurance company after a one-week trial in the County Court of Broward County, Florida. Plaintiff was a mold remediation contractor who performed work for our client’s insured under an Assignment of Insurance Benefits. The Plaintiff alleged that our client breached its insurance contract by denying an insurance claim for windstorm damage stemming from Tropical Storm Eta and thus not paying the Plaintiff for the mold remediation process. Our position was that Plaintiff failed to prove there was any damage from Tropical Storm Eta and that the only damage alleged was solely the result of age-related problems such as wear & tear, which was excluded under the policy. After deliberating for under one hour, the jury found that the Plaintiff failed to meet its burden of proof to show that there was any windstorm damage on the date of loss.

Practice Area: First-Party Property