Logo
Menu
  • Home
  • Practice Areas
    • Medical Malpractice LawHelping New York Medical Malpractice, Personal Injury Cases
    • Close
  • New York Injury News
  • Press release
    • Injury News
    • Motor Vehicle Accidents
    • Personal Injury Accidents
    • Construction Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Work Related Fire Fighter Deaths
    • Wrongful Death
    • Close
  • Ask A Lawyer
  • Free Case Evaluation
  • Sitemap

Home » Injury News » Miami Wrongful Death Lawyers-12 Years of Court Battles-Family of Drowning Victim

Miami Wrongful Death Lawyers-12 Years of Court Battles-Family of Drowning Victim

06/21/2010 // Grossman Roth

The estate of a woman who drowned over a decade ago in Miami Beach and an insurance company—which for 12 years refused to cover its claim—settled for $1.45 million on May 26, during the second court-ordered mediation hearing in the case.

The case—brought to a successful conclusion by Miami injury lawyer Andrew B. Yaffa of Grossman Roth, P.A.—was yet another example of an insurance company trying to evade its liability, and ultimately paying many times what it would have, had it had simply done the right thing from the start.

Fortunately, it was another example, too, of Grossman Roth’s continuing success in obtaining recovery—and acceptance of responsibility—from insurance companies that evade, stall, or act in bad faith when it comes to just claims by those who have been seriously, grievously, and even fatally injured in accidents.

The Miami case arose from a wrongful death claim by Rabbi Israel Poleyeff, acting as personal representative of the estate of Eugenie Poleyeff. That claim stemmed from the tragic ending of the Poleyeffs’ vacation in Miami Beach more than a decade ago.

While on their trip, the Poleyeff family stopped to enjoy what was, by all appearances, a public beach, complete with parking meters and a concession hut—Hurricane Beach Rentals—that rented out umbrellas and beach chairs.

Mrs. Poleyeff entered the water and was subsequently swept up in a rip tide. Zachery Breaux, a bystander who was also visiting Miami Beach with his family, jumped into the water to help. Unfortunately, both he and Mrs. Poleyeff drowned.

The sovereign limits of the City of Miami Beach were capped at $200,000. But it was also named as an additional insured on Hurricane Beach Rental’s policy—issued by Monticello Insurance Company.

After litigation that ultimately reached the Florida Supreme Court, a policy limits demand was made.

But Monticello refused to pay the policy limits to end this litigation for all —or to defend the city in further litigation. Its argument was simple: It wasn’t liable as they did not feel the city was an additional insured under the policy.

At that point, the City of Miami Beach, fearing a potentially huge recovery against it at trial, entered into what is known as a Colblentz Agreement with Rabbi Poleyeff, enabling the estate to sue Monticello directly. The City of Miami Beach tendered their sovereign limits and looked towards Monticello to pay the difference.

After a liability-phase trial in the U.S. District Court for the Southern District of Florida, Judge Alan S. Gold ruled that Monticello was liable under the Hurricane Beach Rental policy and that the City of Miami Beach was an additional insured.

Judge Gold based his ruling on evidence that both the Poleyeff and Breaux families were attracted to the beach precisely because of the availability of the concession services—thus satisfying the insurance policy’s requirement that the city’s liability arise from the operations of Hurricane Beach Rentals.

Judge Gold also held that Monticello acted at its peril in refusing to defend the City of Miami Beach and settle within its policy limit, which was $1 million, when it had the opportunity to do so.

The mediation efforts—and the $1.45 million settlement—followed.

It’s a scenario the personal injury and bad-faith insurance lawyers at Grossman Roth have seen—needlessly—time after time: An insurer refuses to do the right thing and ultimately pays a far greater price.

But not as great a price as the victim.

This article was brought to you by Miami wrongful death lawyers Grossman Roth, P.A. For three decades, we’ve been fighting for—and coming through for—those needlessly injured by the negligence of others. Along the way, we’ve become one of south Florida’s pre-eminent firms for personal injury, wrongful death, and bad-faith insurance claims, sending defendants the message that it can be far more costly to do the wrong thing than the right one.

Media Information:

Address:
Phone: 888-296-1681
Url: http://injuryaccidentnews.grossmanroth.com/miami-injury-lawyers-12-years-of-court-battles-family-of-drowning-victim_952.html

It's only fair to share...Pin on Pinterest
Pinterest
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Facebook
Facebook
Email this to someone
email
Print this page
Print
July 23, 2010   vision
Injury News bad faith, city of miami beach, florida wrongful death attorneys, injury lawyer, wrongful death claim
×

  • Wrongful Death Attorney Miami: Florida’s I-95 Is Nation’s Most Dangerous Road
  • Burlington Vermont sexual abuse: Nanny agrees to plea deal in child assault case

Recent News and Press Coverage

  • Martensen IP Discusses Open-Source Software in Government Contracts. Is OSS Right for You? June 30, 2022
  • Manhattan Bicyclist and 3 Women Severely Injured Analysis Report by NYC Bicycle Accident Lawyer Glenn Herman June 21, 2022
  • Manhattan, NY Slip & Fall Injury Lawyer Explains – What Is Slip & Fall, and What Injuries Does It Cause? June 20, 2022
  • biBERK Business Insurance Answers Questions on Workers’ Compensation Insurance Coverage for Seasonal Workers June 13, 2022
  • Compensation in a NYC E-Bike Accident – New York City Personal Injury Attorneys Glenn & Robin Herman Explain June 5, 2022
  • How the Pandemic Impacted The Cheer Industry, And What’s Here To Stay May 31, 2022
  • INVESTIGATION ALERT: Kaskela Law LLC Announces Stockholder Investigation of Tenneco Inc. (TEN) Following Privatization Announcement and Encourages Investors to Contact the Firm March 6, 2022
  • INVESTIGATION ALERT: Kaskela Law LLC Announces Stockholder Investigation of Sema4 Holdings Corp. (SMFR) in Connection with Recent Merger Announcement February 27, 2022
  • NYC Slip, Trip & Fall Injury Attorney Offers Free Resource – Who Can Sue Their Landlord In Winter Slip/Trip and Fall Incidents February 25, 2022
  • New York City Bike Accident Attorney Weighs In on Seattle dropping bike helmet rule due to racial justice concerns February 22, 2022
  • How to Find the Best Slip & Fall Injury Lawyer in Queens, Bronx, Manhattan, NYC January 27, 2022
  • New York City Bicycle Injury Lawyer Glenn Herman Weighs In on NYC Parks Department Bans E-Bikes January 1, 2022
  • How to Effectively Draft Nonprofit Bylaws without an Attorney December 23, 2021
  • GOOGLE UNIVERSAL FOR LAWYERS – HOW ATTORNEYS CAN BENEFIT FROM 100% SAFE SEO December 23, 2021
  • Law Offices of Stuart M. Kerner, P.C. Announces 5M Settlement for Bus Accident December 16, 2021
  • Manhattan Bicycle Accidents Lawyer – Injury Attorney Glenn Herman ebook Pandemic & New York City Bicycle Injuries 2021 Available Now November 26, 2021
  • New York City Bike Injury Lawyer Glenn Herman Analysis on Sharp Rise in E-Bike and E-Scooter Injuries October 9, 2021
  • Spin Integrate its Electric Scooters in Google Maps October 6, 2021
  • Disbarred Attorney files first civil lawsuit under Texas Abortion Law October 2, 2021
  • New York City Bar calls on lawyers to fight back against suppressive state voter laws October 2, 2021

Archives

  • June 2022
  • May 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • July 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • December 1999
  • January 1970
New York Injury News
1512 Schorr Place
PMB #35071
Bronx, NY 10469
718-210-1007
Copyright © 2022 New York Injury News
Go to mobile version