April 09, 2020 BY DEF Admin
Successful Insurance Case by Karen Karabinos and Mary Alice Jasperse
Attorneys Karen Karabinos and Mary Alice Jasperse received an order from the Eleventh Circuit Court of Appeals affirming the district court's grant of summary judgement for their client LM Insurance Corporation in the case of Mia Hollingsworth v. LM Insurance Corporation. The case was concentrated on an insurance claim that stated the insured's home was "wholly destroyed" by fire, resulting in her entitlement to the policy limit under Georgia’s Valued Policy Statute, O.C.G.A. 33-32-5(a). Based on the insured's deposition testimony, delayed photographs and other evidence, the Eleventh Circuit and District Court concluded that the insured's evidence was insufficient and failed to support her claim of her home being wholly destroyed.
"While the Eleventh Circuit focused on the insured’s deposition testimony and photographs taken two weeks after the fire submitted on the “wholly destroyed” issue, Judge Self with the Middle District of Georgia also addressed other evidence submitted by the insured, including the inadmissibility of estimates from Zillow.com and Realtor.com that the insured attempted to use to support her argument that she could replace her home with an existing similar home for less than the cost to repair the fire damage to her home. These two federal court opinions together will provide much needed guidance to insurers regarding what evidence will, and will not, support a finding that a structure is “wholly destroyed” by fire."
Karen Karabinos has been litigating cases for more the 32 years, with the last 21 primarily focused on the complexities of property insurance law. She also represents clients with family law issues, including divorce and child custody issues, and assists her individual clients to resolve the family issues with her domestic relations team, which consists of accountants, financial advisors, and therapists.
Mary Alice practices in the area of civil litigation defense with an emphasis on First Party Property Defense and Insurance Coverage. She collaborates with clients in the investigation and adjustment of property claims and defends insurers in coverage, bad faith, arson, fraud, and property damage matters.