Strategic Motion Practice Forces Voluntary Dismissal on Eve of the Hearing
In this case filed in Citrus County, Florida, the plaintiff—acting as an assignee of an insured—alleged breach of contract against the insurer for failing to pay for mold testing and engineering services. The plaintiff claimed entitlement under a post-loss assignment of benefits agreement. The defendant insurer argued the policy did not cover professional services like engineering reports and noted the $10,000 mold remediation limit had already been paid before the plaintiff’s services occurred.
On behalf of the client insurer, Clausen Miller filed a motion to dismiss with prejudice. Clausen Miller also served a §57.105 notice letter and filed a motion for sanctions, asserting that the plaintiff and counsel knew or should have known the claim lacked factual and legal merit. Specifically, the insurer emphasized that (1) mold benefits were exhausted months before the plaintiff performed any services, and (2) engineering report costs did not qualify as covered losses under the policy or Florida law. The motion cited supporting case law and policy language to show the absence of coverage for both claims.
Facing potential sanctions, the plaintiff voluntarily dismissed the case on July 14, 2025. No final adjudication occurred on the merits; however, the withdrawal effectively brought the litigation to a close.
Irene Thaler