Darrell Limia and Tony Pagán Granted Dismissal in Insurance Policy Dispute

Clausen Miller partner Darrell Limia and senior associate Tony Pagán were successful in arguing for a dismissal for their client in an insurance policy dispute concerning a 2017 Hurricane Irma claim.

Judge Carlos Guzman of the Miami-Dade Circuit Court granted the defense’s motion to dismiss the plaintiffs’ complaint in its entirety for their failure to comply with Fla. Stat. § 627.70152, finding that a notice of intent to initiate litigation was not given as required by the statute.

Though the damage was alleged to have occurred in 2017, the suit was filed in June 2022. The court found that the pre-suit notice requirements provided by the statute are procedural, retroactive and applicable to all suits filed after July 1, 2021.

The proposed dismissal order reflecting the court’s ruling was then sent to plaintiffs’ counsel for review and approval. A version of that order was submitted with altered language that had not been discussed during the previous hearing on the defense’s motion to dismiss. The amended language altered the court’s ruling to allow the plaintiffs’ twenty days to “file an amend complaint after compliance with Fla. Stat. § 627.70152” and excluded the court’s ruling on attorneys’ fees and costs.

In response, the defense filed a motion to vacate the plaintiffs’ order for containing language unapproved by the court, and the court subsequently granted the defense’s motion to dismiss.

Darrell concentrates his practice in the areas of first- and third-party insurance coverage and litigation.

Tony focuses his practice on counseling, defending, and litigating matters for international and national insurance carriers in state and federal courts.

ABOUT CLAUSEN MILLER P.C.

Clausen Miller is an insurance and defense law firm recognized as one of the top 10 Insurance Practice firms in the nation. Clausen Miller has offices in Chicago, Illinois; New York, New York; Orange County and San Francisco, California; Florham Park, New Jersey; Michigan City, Indiana; Appleton, Wisconsin; Stamford, Connecticut; Tampa, Florida; and London, England with affiliates located in Belgium, France, and Italy. Clausen Miller represents large commercial and personal lines insurance carriers, including reinsurers, throughout the United States and in Europe. Clausen Miller’s attorneys generally practice in all areas of Insurance Coverage, all areas of Professional Liability and Casualty Defense, Subrogation, and Appeals.