9/18/06 Tower 1515 v QBE – US Southern District of Florida, West Palm Beach (Property Damage/Hurricane) Case No: 05-80780-CIV-HURLEY/HOPKINS
Plaintiff claimed over $22M in damages due to Hurricanes Frances & Jeanne. Defendant claimed many of the damages were pre existing, and that Plaintiff committed fraud by concealing material information and in grossly exaggerating its claim. An advisory jury in U.S.District Court found that the insured committed fraud in the presentation of its claim and rendered a defense verdict.
Lead Defense Counsel: Bill Berk
12/07 Ingole v Underwriters – Polk County, Florida CASE NO. 53-2006-CA-001464-0000-00 (Property Damage/Hurricane).
Prior to trial Ms. Ingole demanded $200,000 in full and final settlement of her hurricane claim, and Underwriters’ final offer of $50,000 was rejected. During trial, Ms. Ingole asked the jury to award damages in excess of $110,000.00. A verdict was entered awarding Ms. Ingole $18,600.00, a fraction of the amount demanded.
Defense Counsel: Gil Barreto &Maria Loredo
3/27/08 14 Karat v.Underwriters at Lloyd’s, London – Miami, Dade County, Florida. Case No:: 05-15299 CA 01
Lead Defense Counsel - Evelyn Merchant, assisted by Melissa Sims
Property Loss. Plaintiff claimed >$1M in damages due to robbery of jewelry under a Jeweler’s Block policy. The Defense claimed that the loss was procured by the insured and that there were material misrepresentations (fraud).
Defense Verdict 3/27/08
9/26/08 Vantage View v QBE – US Southern District of Florida, West Palm Beach (Property Damage/Hurricane) Case No: 07-61038-CIV-MARRA
Lead Defense Counsel – Evelyn Merchant and William Berk
Property Loss (Hurricane Wilma). Plaintiff submitted a $13M POL, but “reduced” its claim at trial to approximately $4M. Insurer offered $2M at commencement of trial. Insured awarded roughly $1M, significantly less than final offer and demand(s).
10/24/08 Monaco Beach Club v. QBE – Collier County, Florida (Property Damage/Hurricane) Case No: 06-2066-CA Consolidated w/ 06-1920CA
Lead Defense Counsel - William Berk, Berk, assisted by Melissa Sims
Property Damage (Hurricane Wilma). PLaintiff claimed roughly $22M in damages due to Hurricane Wilma. It spent approximately $11M on "repairs," and sought about $11M more from its insurer. The insurer contended that the completed and future contemplated "repairs" (including windows and sliding glass doors) were to a great extent deferred maintenance and betterments, and that the insured made material misrepresentations and fraud in its claim. Defense Verdict affirmed by the 2 DCA.
8/3/09 Bel House v. Citizens Property Ins. Corp.& Underwriters at Lloyd’s, London – Miami Dade County Circuit Court, FL (Property Damage/Windstorm) Case No: 07-1198 CA 40
Lead Counsel on behalf of Underwriters – Evelyn Merchant, Assisted by Maria Loredo
Lead Counsel for Citizens – Gilberto Barreto, Berk Merchant & Sims, PLC.; Assisted by Scott Janowitz
Property Damage. (Windstorm) Before trial, the Plaintiff demanded $1.735 million from Underwriters and $1.6 million from Citizens. At the close of the Plaintiff’s case, Plaintiff accepted Underwriters’ offer of $100,000, inclusive of attorney’s fees and costs,roughly $1.6M less than the demand.
The case against Citizens went to the jury where the Plaintiff asked for $2.8 million. The jury came back with a verdict of $141,000, net $91,000 after the deductible was applied. Citizens’ offer before trial was $100,000. Thus, the jury awarded an amount less than the pre-trial offer, 9% of the Plaintiff’s pre-trial demand, and 5% of thePlaintiff’s demand to the jury.
9/3/09 Ciotoli v. Nationwide – Palm Beach County Circuit Court, Florida (Property Damage/Hurricane) Case No: 50 2006 CA 006142XXXXXMB A
Lead Counsel – Evelyn Merchant
Pro perty Damage (Hurricane Wilma).
Defense Verdict
9/16/09 Atriums v QBE Insurance Corporation – US Southern District of Florida (Property Damage/Hurricane) Case No: 08-80543-CIV-MARRA/JOHNSON
Lead Counsel – Evelyn Merchant
Property Damage (Hurricane Wilma). Plaintiff’s POL was $5.7M.
Defense Verdict
12/18/09 Dome v. QBE Insurance Corporation – US Southern District of Florida (Hurricane Damage)
L ead Defense Counsel – William Berk, assisted by Sorraya Solages
Property Damage (Hurricane Wilma). Insurer sought appraisal as it believed insured suffered significant damages, albeit far less than demanded. The insured successfully rejected the appraisal demand on the basis of the insurer’s waiver, so the case proceeded to jury trial. Insurer offered $4.5M. Insured demanded $11.5M from the jury. The Jury awarded $3.8M, roughly $700K less than pre trial offer, and over $7M less than trial demand.
1/19/2010 - King Cole v. QBE Insurance Corporation – Case No: 08-23350-CIV-GRAHAM/TORRES (Hurricane Damage)
Lead Defense Counsel: Evelyn Merchant, asssited by Melissa Sims
Defense Verdict
7/14/2010 Lizett Oliva v. Citizens Property Insurance Corporation – Miami-Dade County Circuit Court
Lead Defense Counsel: Evelyn Merchant, assisted by Melanie Grant.
Plaintiff, whose home was insured by Citizens, made a claim for property damage allegedly as a result of Hurricane Wilma. Citizens did not have a record of Plaintiff’s hurricane claim being reported until January 22, 2009, nearly four years after the hurricane. Citizens investigated Plaintiff’s claim and, in reliance on its experts, denied the claim based on late notice. Plaintiff, however, claimed she provided notice to Citizens shortly after the hurricane and demanded in excess of $100K in damages. Citizens argued Plaintiff’s demand was unsupported and unsubstantiated. Although the jury did not find late notice, the jury significantly reduced Plaintiff’s claim only awarding $30K, which was further reduced by the insurance policy’s deductible, and after adding pre-judgment interest, the total award was $31, 106.83 .