[August 23, 2024] Michelle Diverio, Eva Camara Garcia, and Alex Parraga prevailed on appeal in the Third District Court of Appeal obtaining the affirmance of an order granting the carrier’s motion for summary judgment. The appellant tried to challenge the trial court’s finding that the carrier proved the insured’s material breach of the policy and was entitled to a presumption of prejudice. On appeal, Lydecker’s Property Practice Group rebutted each of the arguments presented pointing to the record evidence and disputed the existence of genuine issues of material fact. The appellate court also granted the motion for entitlement to appellate fees and costs and the carrier now will be able to recover the fees incurred in defending the appeal.
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