WEST PALM BEACH HUB — Partner Titania Haynes recently obtained a significant victory for a major property insurer in two lawsuits related to water damage claims, demonstrating the critical role of thorough investigation and legal strategy in achieving early case dismissal. 

Overview of the Case 

The case involved two claims with an initial monetary demand of $28,436, plus fees and related costs, reported on behalf of the insured for separate water leaks that occurred on the same day. The insurer denied both claims due to the policy's exclusion of wear, tear, deterioration, and constant repeated seepage and leakage over a period. Two lawsuits were filed by the insured's niece, who claimed to be acting under a Power of Attorney (POA). Both suits were filed in Miami-Dade County and assigned to different judges. However, Haynes uncovered a crucial detail: the insured had passed away two months before the lawsuits were filed, rendering the POA null and void. 

Key Difference-Makers 

Participants: 

• Titania Haynes - Partner   
• Me'Chelle Colletti - Paralegal 
• Phynecia McGriff - Legal Assistant 

Claims Made Against Our Client 

The plaintiff filed two suits for breach of contract and declaratory judgment based on the insurer's denial of the water loss claims. Opposing counsel alleged within the Complaints that "the Property sustained a covered loss as a result of a sudden and accidental failure of the plumbing system..." 

Defense Strategy 

Haynes meticulously investigated the plaintiff's claims and identified a critical legal deficiency: the plaintiff's lack of standing to bring the lawsuits due to the invalid POA. She filed motions to dismiss in each suit, supported by a Request to Take Judicial Notice of relevant Florida Statutes and the insured's death record. 

Impact on Final Outcome 

Despite these compelling arguments, opposing counsel was unresponsive for nearly two months. Rather than face a special-set hearing on the motion to dismiss, opposing counsel finally reached out to Haynes to request a walk-away on both cases. The plaintiff voluntarily dismissed both cases with prejudice, accepting a walk-away rather than facing the court. "Further, I believe that this was a warning to opposing counsel of the potential consequences of sanctions under Fla. Stat. Sec. 57.105 for filing frivolous lawsuits," Haynes added. This outcome underscores the importance of thorough legal analysis and strategic advocacy in achieving favorable results for clients. 

Predicting the Future 

This win reinforces QPWB's commitment to providing meticulous defense in insurance disputes. The firm's attorneys and support staff work tirelessly to advocate for and protect our clients' best interests. Our thoroughness and dedication allow us to uncover critical details and develop effective legal strategies, ensuring that clients receive the best possible defense. 

About QPWB 

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.