Miami Partners George Hooker and Daniel Maher secured two Dismissals With Prejudice in hotly-contested First-Party Bad Faith lawsuits. In each case, the Plaintiffs were alleging Bad Faith following an appraisal process where the appraisal award was higher than the carrier’s initial estimate. The Plaintiffs claimed various damages such as public adjuster and appraiser fees, attorney’s fees, deficient repairs, and others. Through post-discovery and motion practice, Mr. Hooker and Mr. Maher showed these damages were not the proximate cause of any alleged Bad Faith. After successfully chipping away at the claimed damages, the Plaintiffs dismissed their cases with prejudice on the eve of trial in both lawsuits.
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