Wilson Elser Moskowitz Edelman & Dicker LLP
01/19/2022 | News release | Distributed by Public on 01/19/2022 14:35
Young Successfully Defends Carrier Facing Massive Liability Risk to an Insured Condominium
Young Successfully Defends Carrier Facing Massive Liability Risk to an Insured Condominium
January 19, 2022
Team Leader Julia Young (Of Counsel-Orlando, FL) convinced the U.S. District Court, Southern District of Florida, Miami Division that there was no coverage owed to the insured condominium association that sued a major national client's surplus lines subsidiary. The condominium association alleged breach of contract related to the insurer's claims-handling practices. Summary judgment was precipitated by a series of Daubert motions and motions in limine, which successfully precluded the condominium association's use of its own expert witnesses. Continuing to advocate for the client, Young obtained an entitlement to fees and costs, based on an offer of judgment that was rejected by the condominium association. Young made this offer pursuant to state law, which, through the Erie Doctrine, expanded the insurer's available remedies beyond the costs taxable under the Federal Rules alone. Initially facing potential liability approaching $1 million, the client ultimately obtained judgment as a matter of law, and an entitlement to recover over $26,000 in fees and costs.