Nicolas Umana - Vernis & Bowling

Nicolas Umana, Esq.
Attorney
Vernis & Bowling of Southwest Florida, P.A. 2369 West First Street Fort Myers, FL 33901
Phone: (239) 334-3035
Email: NUmana@Florida-Law.com
Fax: (239) 334-7702
Website: www.national-law.com
V-Card Email

Verdicts and Dispositions

Ft. Myers, FL voluntary dismissals
Terrence Lavy, William Kratochvil, Andrew Hocott and Nicolas Umana (Ft. Myers, FL) (Voluntary Dismissals). Over the summer of 2022, the Fort Myers, FL office has had several successes wherein Plaintiffs have voluntarily dismissed their actions rather than face arbitration and trial. These include:
1. SFR a/a/o Swain v. USAA. (Lee County) This was a late-reported Hurricane Irma claim not reported until after the death of the insureds. SFR utilized Elite Claims to assert a demand to replace the roof for $143,000. USAA’s investigation supported the denial based on the engineer finding no storm damage. Our investigation revealed significant issues with the assignment of benefits as it was not signed by the insureds or the administrators of the estates. William Kratochvil obtained a decision in favor of defendant at nonbinding arbitration. However, Plaintiff filed for trial de novo but as the case headed toward trial, SFR filed a voluntary dismissal without payment.
2. Mila v. United Property & Casualty. (Collier County) This claim related to an alleged plumbing leak wherein United opened coverage for cabinet damage but Plaintiff sought full kitchen remodel for $40,000.00 based on an estimate from JD Restorations. Andrew Hocott took Plaintiffs deposition which demonstrated the lack of support for the claim. We also obtained a general contractor reinspection which showed United’s presuit payment exceeded the actual cost to repair (as well as the needless dryout cavity drilling). Plaintiff voluntarily dismissed with no payment.
3. Duarte v. GeoVera. (Lee County) This was a Hurricane Irma suit. Plaintiff reported the claim promptly. Investigation revealed the interior to be a shambles, but the roof looked good. GeoVera opened coverage with a minimal payment made. However, there were serious questions related to the use and occupancy of the property. Plaintiff’s repair estimate from Maximum Recovery Consultants was $44,000.00. We also learned Plaintiff lost the property in foreclosure. After pressing these issues with a Motion to Dismiss, including the potential of a FS 57.105 motion for sanctions, Plaintiff voluntarily dismissed without payment.
4. Connor v. USAA. (Lee County) This was a Hurricane Eta claim seeking a roof replacement with DuraLoc Roofing for $86,000.00. Nicolas Umana deposed the Plaintiffs on the case highlighting the existence of a prior Hurricane Irma claim for the same property and the lack of evidence of repairs. Plaintiffs attempted to pass the issue off at deposition, claiming a lack of memory. However, when pressed to produce discovery, counsel realized that her clients were not forthcoming with information. USAA settled the matter for nuisance value prior to the non-binding arbitration. Plaintiff has a companion case which should resolve inexpensively because of the resolution of the Eta claim.
5. Roman v. Family Security Insurance. (Lee County) This was a claim for roof replacement following Hurricane Sally (but alleged not to have been caused by Sally) instigated by Apex Roofing. Apex estimated $38,000.00 to replace the roof. Our research showed that the shingle roof had damage due to Hurricane Irma, but the claim was not reported until well after the reporting deadline making another date of loss necessary. Apex tarped the roof in the exact same area where the Irma damage existed. Terrence Lavy deposed the insureds and their father, but they were incredible and could not verify repair of the pre-existing damage to the property. After the depositions, Plaintiff voluntarily dismissed with no payment.
6. Martinez v. United Property & Casualty. (Charlotte County) This actually involved two claims and lawsuits, each supported by Pelican Property Solutions. The first was a claim for cast iron drain line backup with damages estimated at $190,000.00. The second was a late-reported Hurricane Irma claim initially assigned to another defense firm with damages estimated at $73,000.00. We immediately researched to find significant issues with respect to insurable interests, prejudice to investigations of both claims and a lack of evidence to support either claim. Terrence Lavy deposed the Plaintiffs and her representatives to nail down these issues. Counsel came away convinced that there was no hope for either cause. With expired Proposals for Settlement on both cases and exposure to fees, we convinced Plaintiff to walk away from both cases dismissing them with prejudice in return for client agreement to forego fees and costs. (After the resolution, the very happy client advised that predecessor counsel on the Irma matter was recommending payment on the claim.)
7. Ospina v. Citizens. (Lee County) This is a late reported claim for roof replacement with a July 3, 2018 date of loss at Plaintiff’s rental property. The claim for the 20 year old shingle roof replacement was $26,000.00 supported by Epic Roofing. Research of historic photos demonstrated that the damage currently being claimed was in fact the result of Hurricane Irma. Terrence Lavy deposed the Plaintiff to verify each photo of the property and stress the issue that the claimed date of loss was incorrect and obtained admissions that there had been no repairs after Irma. Any attempt to retroactively change the date of loss to Irma would be barred by the statutory 3 year reporting deadline. Plaintiff was offered a $500 Proposal for Settlement, but did not accept within the statutory timeframe. At Plaintiff’s request, Citizens agreed to extend the proposal, which Plaintiff accepted.

Areas Of Practice

Construction and Construction Defect Litigation
First and Third Party Property and Casualty Claims
Hurricane Claims

Bar & Court Admission

Florida Bar

Education

Graduate:
University of Florida Levin College of Law, J.D.
Undergraduate:
Florida Gulf Coast University, B.S.

Nicolas Umana is an Attorney at Vernis & Bowling of Southwest Florida, P.A. Nicolas was born in Colombia and has lived most of his life in Southwest Florida. Nicolas received his Bachelor’s degree from Florida Gulf Coast University and his Juris Doctor from the University of Florida Levin College of Law.

Prior to joining Vernis & Bowling, Nicolas worked at both a Plaintiff’s firm as well as a Defense firm handling First-Party Property cases. Nicolas also gained valuable experience working at the Office of the Public Defender for the Third Judicial Circuit of Florida.

Since joining Vernis & Bowling, Nicolas primarily handles First and Third-Party Property and Construction Defect claims. Nicolas enjoys defending high exposure property claims because it affords him the opportunity to review voluminous records and investigate claims to find key pieces of information and witnesses that can provide new information upon which the defense of the case may lie.

In his time off, Nicolas enjoys traveling, hiking and playing soccer.

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