Auto Glass MSJ Win!

Butch Mathenia, Esq. of Scarborough Attorneys at Law recently obtained Final Summary Judgment in favor of Defendant insurer in an insurance appraisal matter. Plaintiff glass shop submitted an inflated invoice in the amount of $3,573.85 for windshield replacement services. The insurer determined the amount requested exceeded the amount payable under the subject policy and demanded appraisal of the amount of loss by invoking the appraisal clause of the subject policy. Concurrently, when demanding appraisal, the insurer also made payment in the amount of $648.00 representing the undisputed amount of loss. Plaintiff glass shop did not respond to the insurers demand for appraisal, and instead raced to the courthouse to file suit for breach of contract. 

Scarborough Attorneys at Law, on behalf of the insurer, moved for dismissal for failure to comply with conditions precedent, or in the alternative, to compel the parties to appraisal. The Court compelled the parties to appraisal, which resulted in an appraised amount of loss of $1,360.40, which is lower than the invoiced amount, but higher than the pre-suit payment made by the insurer. The insurer immediately issued a supplemental payment to Plaintiff glass shop in the amount of $765.04, which included statutory interest. After the insurer made the supplemental payment, Mr. Mathenia, on behalf of the insurer, moved for Final Summary Judgment based upon the amount of loss as determined by the appraisers being binding on the parties, and that the amount of loss has been paid by the insurer, leaving no remaining damages to litigate. Defense counsel also argued that Plaintiff was not entitled to prevailing party attorney’s fees and/or costs under Florida Statute 627.428 because Plaintiff raced to the Courthouse to file the lawsuit rather than complying with its contractual obligation to participate in appraisal of the amount of loss. 

Scarborough Attorneys at Law, on behalf of the insurer, also served and subsequently filed its Motion for Sanctions pursuant to Florida Statute 57.105, arguing that post-appraisal, Plaintiff’s claim was not supported by the material facts necessary to establish the claim, specifically damages. Plaintiff glass shop did not withdraw or amend its complaint within the 21-day safe harbor period. 

At hearing on Defendant’s Motion for Final Summary Judgment, Mr. Mathenia argued that not only did Plaintiff glass shop race to the courthouse in contravention of its contractual obligations, but that the lawsuit could not have been the necessary catalyst for the insurer to make a supplemental payment because the insurer invoked appraisal prior to the instant suit being filed and Plaintiff glass shop opposed appraisal throughout the life of the claim, both pre- and post-suit. The Court granted Defendant insurers Motion for Final Summary Judgement and denied Plaintiff’s claim for attorneys’ fees pursuant to Fla. Stat. §627.428, costs pursuant to Fla. Stat. §57.041, and claim for legal assistant fees pursuant to Fla. Stat. §57.104.