Plaintiff v Southern Oak Insurance Company

Jose Pete Font and Kristin Yoder (Broward/Ft. Lauderdale, FL) (Property) obtained a dismissal for Southern Oak Insurance Company. When this first-party homeowner’s insurance claim was first reported by Plaintiff to SOIC, it was said that the loss had occurred 6 days earlier. However, by the time SOIC’s independent adjuster was given an opportunity to inspect the home, there was extensive water damage and demolition to the home that was said to be related to water mitigation. Although long term water conditions were not covered under the policy, SOIC gave Plaintiff the benefit of the doubt pre-suit and made payment of the claim. At the time SOIC made payment, it requested that Plaintiff submit documentation evidencing the cost of future repairs in order to recover the deduction that was appropriated for depreciation. During the course of Mr. Font’s deposition of Plaintiff, it became apparent that the loss was due to a long term and ongoing condition, and did not coincide with the facts and circumstances that were set forth by Plaintiff and his agents pre-suit. As such, and before the Plaintiff’s deposition came to conclusion, Plaintiff voluntarily dismissed the suit with prejudice.