Lastra v. Capitol Preferred

Terrence L. Lavy (Fort Myers, FL) (First Party Property) forced a voluntary dismissal of a Hurricane Irma suit in Lee County Florida following early mediation. The plaintiff owned rural property in Alva, Florida and asserted a claim for damage to the home as a result of Hurricane Irma, September 10, 2017. The claim was reported September 26, 2017 and prompt inspection by the insurer revealed damage consistent with the insured’s claim that a large tree had been blown into the home causing “gaping holes” in the roof and exterior wall. The insured claimed $391,433.03 for coverage A, plus damaged contents and loss of use. When that was not paid in full, they filed suit. In researching the matter for mediation, we obtained photographs from Eagle View that showed, as of September 16, 2017 the tree that purportedly blew over in the storm was still standing and the “gaping holes” did not exist. The insured’s vehicles were also observed on the property, eliminating any possible argument that they were unaware of the conditions. Following the defense presentation at mediation, counsel for the insureds (previously exceptionally confident in the merits of their case) fled without comment and filed immediate motions to withdraw. With court ordered non-binding arbitration pending, we kept the pressure on by filing a motion to assert a counterclaim to recoup pre-suit payments including a demand for punitive damages. Plaintiffs filed a notice of voluntary dismissal rather than attend arbitration. The matter may be referred to the state attorney for prosecution.