BERK, MERCHANT & SIMS, PLC RECENT PROPERTY JURY TRIALS

 

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,” seeking about $11M more from its insurer. Insurer contended completed and future contemplated “repairs” (including windows and sliding glass doors) were to a great extent deferred maintenance and betterments, and that insured had made material misrepresentations and fraud in its claim.

Defense Verdict 

 

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, Berk Merchant &Sims, PLC.

                         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, assited by Seric Fallon

              

                          Property Damage (Hurricane Wilma).  

                        Defense Verdict

 

9/16/09 Atriums v QBE Insurance Corporation –  US Southern District of Florida (Property Damage/Hurricane)

Palm Beach Division Case No: 08-80543-CIV-MARRA/JOHNSON

                        Lead Counsel – Evelyn Merchant, assisted by Capri Trigo

                        
                        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)

 

Lead 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 – United States District Court (Hurricane Damage)

                    Lead Defense Counsel: Evelyn Merchant, assited by Melissa Sims

                    Defense Verdict

District of Florida Case No: 08-23350-CIV-GRAHAM/TORRES