Jeff Greenberg (DeLand, FL) (Property) obtained Summary Judgment on behalf of Florida Insurance Guaranty Association (“FIGA,” as substitute party for Prepared Insurance Company) against NextGen Restoration, Inc. in an action for expert fees NextGen alleged it was owed by FIGA in connection with deposition testimony provided in a previous case.
NextGen alleged it was entitled to receive fees from FIGA for expert witness deposition testimony given by NextGen’s corporate representative in an earlier case, in which insureds of Prepared Insurance Company brought suit against their insurer for damage to the insureds’ home reportedly caused by Hurricane Irma. The corporate representative of NextGen – which allegedly provided services to the insureds under an assignment of benefits but was not a party to the case – was also designated by the insureds as an expert witness, and he was deposed by Prepared Insurance Company before the case was resolved through a settlement agreement that was signed both by the insureds and by the corporate representative on behalf of NextGen. After the settlement agreement was executed, the insureds filed a notice of voluntary dismissal with prejudice.
After the dismissal was filed, NextGen filed suit claiming it was owed expert witness fees for the deposition in the earlier case, as well as for extensive stabilization/mitigation services totaling $232,485.28. The claim for mitigation services was resolved via Summary Judgment in favor of Prepared Insurance Company in 2021, leaving NextGen’s claim for expert witness fees as the sole remaining issue.
During oral arguments on FIGA’s motion for summary judgment as to NextGen’s claim for expert witness fees, NextGen argued that the settlement agreement did not specifically discharge any obligation to pay the fees at issue, and that NextGen could bring a claim for expert fees in a new, separate lawsuit rather than filing a motion and holding a hearing in the original trial court for a determination as to entitlement to and reasonable amount of the fees at issue. The Court ultimately rejected NextGen’s arguments, instead agreeing with FIGA’s position that the settlement agreement discharged the fees at issue and – even if that were not the case – NextGen would still be unable to maintain its suit because the Florida Rules of Civil Procedure require that expert fees must be sought in the trial court in which they allegedly accrued.
After granting FIGA’s motion for Summary Judgment on the sole remaining issue, the Court entered Final Judgment in favor of FIGA and against NextGen. Having disposed of the entire case through Summary Judgment, FIGA will now be seeking attorney’s fees and costs.