Fort Lauderdale Associate Ian Singer was successful in obtaining summary judgment in a first-party matter in Broward County, Florida regarding a late reported Hurricane Irma claim, which was reported on September 10, 2020.
In the matter of Jinete, Alberto v. Florida Peninsula Insurance Co., Plaintiff disclosed their first expert on Jan. 6, 2023. Plaintiff then obtained an additional expert to inspect the property on January 11, 2023. Plaintiff's initial expert's affidavit stated that his opinion was based solely upon the inspection conducted by Plaintiff's additional expert and the documents that he reviewed.
The Court found that the affidavit of the additional expert was conclusory and was therefore stricken. The Court then found that Plaintiff's initial expert's affidavit was simply restating Plaintiff's secondary expert's affidavit, was otherwise "boilerplate" and was therefore also conclusory. Due to both affidavits being stricken, in part (more specifically, the conclusory portions), Plaintiff could not rebut the presumption of prejudice due to the late reporting and the court granted summary judgment in favor of the Defendant.