Congratulations to Universal Property & Casualty Insurance Company on a huge victory on the eve of jury selection tomorrow in a first party property lawsuit against Mark Nation! Judge Peacock out of Hillsborough County, Florida granted Defendant’s Motion in Limine, eviscerating plaintiff’s damages, resulting in a final judgment. David Kelly and Kimberly Salmon argued the motions on behalf of Universal.
In Greenaker v. Universal, the plaintiffs once again retained Dennis James to prepare an estimate of damage. The estimate was based on a replacement cost basis and then purportedly depreciated items to actual cash value. Although Mr. James refers to the depreciated estimate as actual cash value, the estimate still included items that did not suffer a direct physical loss. As a result, the estimate did not meet the definition of actual cash value. The final judgment and order can be accessed here:
https://mcusercontent.com/63ded851227e9537cf14c3281/files/d7c6f6dd-5ebe-e7c6-34dc-83e224e2d68f/Binder1.pdf
This victory comes on the heels of Jayson Serrano obtaining this sixteen page order granting Universal’s Motion for Directed Verdicts concerning another improper estimate. That order can be accessed here:
https://mcusercontent.com/63ded851227e9537cf14c3281/files/38b76576-c1e8-27f7-c492-ab9f9191783c/exec_order_granting_d_039_s_mtn_for_directed_verdict_042624.pdf