FOR IMMEDIATE RELEASE
January 16, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
FATHER & SON PREVAIL ON SUMMARY JUDGMENT AND ARE AWARDED FEES
First Party Property Claim
MIAMI ― Manuel A. Fernandez, Sr. and Manuel A. Fernandez, Jr. of Quintairos, Prieto, Wood & Boyer, P.A.’s Miami Office, secured a final summary judgment in favor of the defendant-insurer in a first party property claim against a national roofing contractor. The Fernandez team argued – and the trial court agreed – that the assignment of benefits relied upon by the Plaintiff for standing to present the claim was defective as a matter of law. Specifically, the duo argued that because the subject property was owned by a trust, and not by the insureds individually, the assignment agreement – which was signed only by the insureds in their individual capacity – was not sufficient to bind the trust. Thus, no insurable interest was transferred under the assignment agreement and the Plaintiff was barred from any recovery. After issuing final judgment, the trial court entered an order granting the defendant-insurer’s attorney’s fees and costs based upon an expired proposal for settlement. The trial court also found that the defense was entitled to attorney’s fees and costs under Florida’s non-binding arbitration statute, after having prevailed at arbitration earlier in the case.
# # #
Manuel A. Fernandez is a partner in the Miami office and is Board Certified in Civil Trial Law by the Florida Bar Board of Legal Education and Specialization since 2002. Mr. Fernandez’s diverse law practice focuses on torts, personal injury defense, professional negligence, products liability, labor and employment law, workers’ compensation defense, automobile liability, including PIP/UM/UIM; construction law, and Social Security Disability. He has litigated matters before federal and state trial and appellate courts, and in administrative forums. He received his law degree from Florida State University in 1991. He is bilingual and fluent in Spanish.
Manuel A. Fernandez is an associate in the Miami office focusing his practice in the areas of insurance defense, general litigation, automotive liability, product liability, and workers’ compensation defense. He received his law degree from Florida International University College of Law in 2018. He is fluent in Spanish.
QPWB is the largest minority and women owned law firm in the nation with approximately 400 lawyers serving clients from 28 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.