ROIG Lawyers Attorney Secures Victory in a Personal Injury Protection Declaratory Action Case
Roig Lawyers Miami attorney, Julie Harris Nelson secures a victory on behalf of the defendant insurer before Judge Martin R. Dishowitz of the Seventeenth Judicial Circuit In and for Broward County. The plaintiff filed a Personal Injury Protection (PIP) declaratory action case involving alleged insurance coverage issues.
The intricacy of this case created a seven (7) year court battle for nominal damages and attorney fees. The Plaintiff filed suit stating that the defendant had created a cloud with respect to insurance coverage and sought nominal damages when the insurer sent him a letter reserving their rights. At no point during the course of the lawsuit, was there any evidence presented that a claim was made or filed against the plaintiff.
The case proceeded to arbitration and the Defendant prevailed. The plaintiff, in response, requested a trial de novo. On the day of the trial, Harris Nelson advised the court there was no issue of coverage, benefits were paid to the point of exhaustion, and there was “no standing” as assignments had been executed by the plaintiff. After Harris Nelson advised the court that she planned to use the plaintiff’s related bodily injury lawsuit written admission of a federal conviction of dishonesty, this case was continued.
Thereafter, depositions were taken including that of the defendant. The defendant amended their Motion for Final Summary and was argued by Attorney Harris Nelson on February 1, 2016. The court entered a Judgement in favor of the Defendant on February 17, 2016.
“I believe in my clients and their cases. My hard work in this case, for the past seven years, finally paid off. I argued the law and the facts,” said Harris Nelson.