Emergency Services 24 Inc v. Seneca Specialty Insurance Co. Et Al

  • Court: Florida, Miami-Dade County, Eleventh Circuit Court
  • Case: number: 2013-029262-CA-01
  • Filed: September 10, 2013
  • Judge: William Thomas
  • Case type: Civil;  (157) Contract & Indebtedness

Parties Involved

  • Plaintiff: Emergency Services 24, Inc. a/a/o/ Kenmort Properties
    • Counsel for Plaintiff: Keith J Lambdin | Willman, Erik | Haller, Mitchell Bradley | Emerson, Brenda A. | Leigh C. Katzman | John C. Englehardt, Esq.
    • Expert Witnesses for the Plaintiff: Scott David Thomas
  • Defendant: Charlotte Ross Family LLC | Seneca Specialty Insurance Company | Nyman Properties LLC

Verdict Information

  • Verdict date: April 9, 2024
  • Total damages awarded to Plaintiff: $0.00

About the Case

Cause

Kenmort Properties held an insurance policy with Seneca Specialty Insurance Company (Defendant), ensuring coverage for their commercial property, specifically safeguarding against fire damage. On or around April 21, 2013, their property in Miami-Dade County suffered fire-related damages. In response, Kenmort Properties engaged Emergency Services 24, Inc. or ES24 (Plaintiff) for emergency mitigation, remediation, and subsequent repair and reconstruction services. To facilitate this process, Kenmort Properties executed an assignment of benefits in favor of ES24, granting them the right to receive proceeds under the insurance contract and other pertinent legal rights.

Despite the insurance policy being in full effect at the time of the incident, the Defendant allegedly failed to fully compensate Kenmort Properties for the damages incurred. Even after notification and the provision of a detailed damage report, the Defendant allegedly refused to meet their obligations under the policy. This failure constituted an insurance contract breach, as the Defendant neglected their duty to fully compensate the Plaintiff for all covered losses sustained as a result of the fire damage.
The total cost of emergency remediation amounted to $618,674.66. While a partial payment of $500,000 was made, a balance of $118,674.66 remained outstanding, representing the unreimbursed portion of the services rendered by ES24.

Injury

As a direct and proximate result of the Defendant’s refusal to meet the Plaintiff’s claim in its entirety caused significant financial harm. The harm from the insurance contract breach included unpaid bills, interest, attorney fees, and additional incurred costs in pursuing the claim.

Damages

The Plaintiff sought damages exceeding $15,000, excluding additional costs. They demanded a judgment against the defendant, seeking pre-judgment and post-judgment interest, legal costs, reasonable attorney fees, and any other justified relief. Additionally, the Plaintiff had requested a trial by jury.

Jury Verdict

On April 9, 2024, a Florida jury pronounced the verdict in favour of the Defendant. The jury found that the neither of the parties had breached the contract and the Plaintiff was not entitled to any damages.

Court Documents

Complaint

Jury Verdict