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Bathroom Remodel Goes Awry, Sledgehammer Gets Blame; WLSC Succeeds in Protecing Insurer

Aug 10, 2013 - News by

Partner Douglas Cohen Esq. of WLSC’s Fort Lauderdale office successfully defended Citizens Property Insurance Corporation against a first party property loss claim by arguing the lawsuit should be dismissed solely based on the Pleadings.

Judgment on the Pleadings may be available when Plaintiff’s allegations, even if taken as true, are excluded under the unambiguous language of the insurance policy.

The Plaintiff’s Complaint alleged that while the Plaintiff was performing a remodeling of his bathroom, he lost control of the chipping/sledgehammer he was using on bathroom tile, and he accidentally damaged the tile in the hallway.

Based on an exclusion for lost property due to faulty, inadequate, or defective: design, specification, workmanship, repair, construction, renovation, remodeling, grading, compaction, WLSC argued that the allegations in the Complaint, even if taken as true, constituted faulty remodeling which was patently excluded under the policy.

The Court agreed, and granted the Motion for Judgment on the Pleadings, thus disposing of Plaintiff’s case. Sweetening this victory was the ability to move for attorney’s fees and costs, due to Plaintiff’s rejection of a previously served Proposal for Settlement.

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