FOR IMMEDIATE RELEASE
August 23, 2013
Contact: Eric W. Boyer, Esq.
Managing Partner/Operations
305-670-1101 Ext. 1023
Email: eboyer@qpwblaw.com


QPWB LAWYER OBTAINS SUMMARY JUDGMENT FOR
HOMEOWNERS INSURANCE CARRIER BASED ON LATE NOTICE

James J. McNally

WEST PALM BEACH, Florida ― Quintairos, Prieto, Wood & Boyer, P.A. attorney James J. McNally obtained a Final Summary Judgment on behalf of his client a homeowners insurance carrier based upon the defense of late notice. The Plaintiff was an attorney who lived in a condominium in Palm Beach, Florida insured by the Defendant. The condominium sued the homeowner for an injunction, damages and attorney’s fees. The Plaintiff initially represented himself and then put the Defendant insurer on notice of the lawsuit. The Defendant immediately denied insurance coverage and a defense for several reasons including late notice. The Plaintiff continued to defend himself eventually loosing the case and exposing himself to a substantial judgment for attorneys fees and court costs. The Plaintiff then sued his own homeowners insurance carrier for breach of a duty to defend and indemnify, to pay the underlying judgment as well as a claim for attorneys fees and costs. The Defendant moved to dismiss based on late notice and that motion was denied. The Defendant moved for a judgment on the pleadings which was also denied. The Defendant then moved for summary judgment based on the defense of late notice which was granted. In granting the motion for summary judgment the trial court found that the Plaintiffs notice was late as a matter of law and the Defendant was prejudiced. The trial court also found that the Plaintiff failed to overcome the presumption of prejudice and that the

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