Last week, management at Universal Property & Casualty Insurance Company decided to transfer a case from another defense firm to Salmon & Salmon that was set for trial today. Jayson Serrano and Chelsey Polgar accepted the assignment on six days’ notice. The client was immediately grateful we accepted the file, not knowing the outcome.
Regular readers will recognize that Salmon & Salmon has been advancing the argument that plaintiffs cannot introduce any evidence of replacement cost damages unless they actually made repairs. If they do not have an actual cash value estimate based on Florida case law, they are unable to introduce evidence of damages, an essential element of the case. The results from this plain and obvious argument have been astonishing.
In Ruben Crespo v. Universal Property & Casualty Insurance Company, Judge Sandor in Orange County, Florida empaneled the jury today after voir dire. Jayson Serrano then argued that plaintiff cannot introduce any evidence of damages because the replacement cost estimate is barred since the insured did not perform any of the work. Judge Sandor reserved ruling and told the plaintiff lawyer, Paul Zeniewicz, that he should spend some time calling Mr. Serrano to try to get the case settled.
The prior defense firm had multiple sanctions orders against them for discovery abuses, resulting in the court striking any evidence of a prior Irma claim and another 2019 roof claim. The last demand before the start of trial was $130,000. The case settled for $25,000, without the risk of a jury verdict.
The core position that produces these results is that the plaintiffs have to prove their case. The defense does not have to wring their hands about not having an expert or needing some comparative estimate. We just need to argue the law and use the plain language of the policy.
Many thanks for the trust placed in the Salmon & Salmon attorneys! Universal’s courageous decision to transfer the case and take this case to trial under these circumstances yielded big savings!