Claimcap, LLC . v. American Integrity

Matthew Bernstein (Deland/Central FL) (Property) The Plaintiff (a collection company that had purchased a mold assessment company’s assignment of benefits in exchange for a second-tier assignment) sued our client, American Integrity, in Seminole County for breach of contract due to American Integrity’s alleged failure to pay the mold assessment company’s invoice. On December 5, 2017, we successfully argued that American Integrity did not breach the policy as a matter of law. In furtherance of our motion for summary judgment, Mr. Bernstein presented the affidavits of American Integrity’s corporate representative, the independent field adjuster, and a professional engineer with GHD, all of which supported American Integrity’s decision to deny the claim based upon the policy exclusion of long-term constant and repeated seepage of water. Plaintiff failed to present any counter evidence that the loss was a covered peril. Pursuant to a filed PFS that was rejected by the Plaintiff, we are now in the process of recovering fees and costs.