Florida District Court Grants Insurance Carrier’s Final Summary Judgment Motion for Failure to Disclose Appropriate Expert
By Tony Pagán, Jr.
The United States District Court for the Southern District of Florida (Fort Lauderdale Division) recently ruled on an insurance carrier’s motion for final summary judgment, denying the carrier’s motion, in part, due to a genuine issue of material fact as to whether “prompt notice” was given. Notwithstanding, the Court ultimately granted the carrier’s summary judgment motion, finding that the carrier was entitled to summary judgment as a result of the insured’s failure to disclose an expert to testify in its case-in-chief, thereby lacking any evidence to prove causation and/or damages.
In Pine Green, LLC v. Scottsdale Insurance Company, the carrier defendant moved for final summary judgement on the basis that, first, the insured failed to provide the carrier with “prompt notice” and, second, that because the insured’s sole expert witness was limited to rebuttal testimony and lay witness testimony is not admissible to prove cause or scope of claimed damage, the insured lacked any evidence to convince a jury that alleged damages to the insured property were caused by a covered loss and necessitated repairs in excess of applicable deductible.
After careful consideration, the Court agreed with the carrier’s latter position, directing the clerk to close the case and deny all pending motions as moot. In so finding, the Court highlighted the Eleventh Circuit’s discussion in Travelers Property Casualty Co., finding it “particularly instructive” when applied to the facts at hand, as it accurately prophesied the course of events that would ultimately occur at trial given the insured’s failure to disclose. 71 F.4th at 908.