Clausen Miller Secures Dismissal for Insurer Client in 7-Figure Exposure Condo Association Breach of Contract Lawsuit
Clausen Miller attorneys Tom Moody and Zach Sonenblum secured dismissal on behalf of their insurer client in the United States District Court for the Southern District of Florida, Miami Division.
The plaintiff condominium association hired a contractor to perform work at the condo property. The contractor allegedly performed defective workmanship and caused damage to several windows at the condo property. The condominium association sued Clausen’s insurer client for breach of contract after the insurer denied coverage for the plaintiff’s multi-million dollar claim to replace all the windows.
The insurer client timely moved to dismiss the complaint for failure to state a claim upon which relief may be granted, arguing that the insurance policy excluded the contractor’s negligent workmanship. The insurer client also moved to stay litigation pending a ruling on its motion to dismiss.
After nearly 8 months of litigation, the Court entered an order staying the matter pending ruling on the motion to dismiss. In its Order, the Court cautioned that upon a “preliminary peek” of the motion dismiss, the Court “finds that there is a strong likelihood that it will fully dispose of the claims in this case. Thus, a stay is warranted.”
Immediately after the Court issued its Order staying the case, Plaintiff dismissed its lawsuit against Clausen’s insurer client.
Private: Thomas J. Moody
Zachary D. Sonenblum