Fort Lauderdale Associate Ian Singer was successful in obtaining summary judgment in a first-party matter in Broward County, Florida regarding a late reported Hurricane Irma claim, which was reported on September 10, 2020.
In the matter of Jinete, Alberto v. Florida Peninsula Insurance Co., Plaintiff disclosed their first expert on Jan. 6, 2023. Plaintiff then obtained an additional expert to inspect the property on January 11, 2023. Plaintiff’s initial expert’s affidavit stated that his opinion was based solely upon the inspection conducted by Plaintiff’s additional expert and the documents that he reviewed.
The Court found that the affidavit of the additional expert was conclusory and was therefore stricken. The Court then found that Plaintiff’s initial expert’s affidavit was simply restating Plaintiff’s secondary expert’s affidavit, was otherwise “boilerplate” and was therefore also conclusory. Due to both affidavits being stricken, in part (more specifically, the conclusory portions), Plaintiff could not rebut the presumption of prejudice due to the late reporting and the court granted summary judgment in favor of the Defendant.
About Ian Singer
Ian Singer concentrates his practice in first-party property defense, equine law, general liability, contract law, municipal law, commercial real estate, creditors’ rights and technology and cyber risk litigation. Ian provides his clients with the highest level of service and creative solutions to solve their complex legal problems.
He serves as co-chair of the Florida Defense Lawyers Association’s First Party Property Committee.
After obtaining a B.S. in economics and a master’s degree in urban and regional planning, he served as a city planner. After receiving his J.D. from St. Thomas University School of Law, he practiced creditors’ rights law and contract law before transitioning to practice municipal and local government law.
Ian lives in Boca Raton, Florida, with his wife and son along with their dog Gizmo and cat Knicky. When not working, he can be found at the beach or listening to Jimmy Buffett.