Jose Pagan

Practice Details

• Languages
  Spanish
• Firm Information
  Position

  Attorney

  Firm Name

  Quintairos, Prieto, Wood & Boyer, P.A.
• Representative Cases & Transactions
  Cases

  Representative Experience: A defense verdict was obtained in a UM case in Bay County, Florida. The Plaintiff alleged various injuries
  exacerbations to pre-existing injuries resulting from a rear-end accident. Jose represented the UM
  excess UM carriers in a one-week trial where the jury ultimately awarded only $10,000, which was offset by the PIP payments resulting in no payment required from the UM carriers.
  A dismissal was obtained for polyurethane foam manufacturer in a products liability
  A dismissal was obtained for a firm client in a case alleging a breach of duty of action, stemming from a fire that occurred at a warehouse facility located in Bay County, Florida. The fire resulted in over $1,000,000 of damage. Jose was able to prove that his client did not manufacture or design the insulation at issue,
  was able to obtain a dismissal prior to trial, without any settlement payment made.
  Successfully defended the appeal of dismissal with prejudice of a complaint brought by subsequent purchasers of a home against the initial subcontractor who installed the plumbing at the residence. The trial court agreed with the legal argument that there could be no duty owed for property damages resulting from a ruptured pipe after purchasing a used home
  Plaintiffs appealed. Jose presented oral argument before the Fourth District Court of Appeal, where the ruling was ultimately upheld.
  A dismissal was obtained for a firm client in a case alleging a breach of duty ofcooperation based on a spoliation of evidence claim asserted under Chapter 440,F.S. During litigation of the third party action it was discovered that the car lift which allegedly malfunctioned had been destroyed. The Plaintiff then brought a civil action for products liability
  alleging the Worker's Compensation Carrier failed to preserve evidence during its investigation into a Workers' Compensation claim. Jose was able to secure the dismissal of the carrier prior to trial without any settlement payment being required.
  Assisted with the successful resolution of multiple claims on behalf of an omnibus insured driver in a serious motor vehicle accident. The accident resulted in numerous claims alleging bodily injuries, including a death. The resolution was accomplished by securing contributions from several carriers to the estate of the deceased as well as payments to the several other parties presenting claims. A settlement agreement
  release fully releasing the insured was secured.
  During the reforms made to the Florida No-Fault Insurance Act, Jose authored several a micus briefs on seminal issues including the incorporation of the amended statute to existing policies, retroactive application of the statute given the legislative intent,
  ability of carriers to utilize an examination under oath.
  Assisted a firm client in resolving an administrative issue with the Department of Financial Services relating to several in-house adjusters whose licenses were inadvertently not renewed due to company restructuring. The Department agreed to allow the late renewal without any action against or interruption to the adjusters licenses, with a nominal administrative fee to the company.
  Assisted firm clients in the drafting or amendment of policy provisions to correct issues arising from adverse case results or developing law.
  Assisted firm clients in the formation
  licensure of Third Party Administrators
  agencies.
  Assisted firm clients in defense of possible administrative actions, regulatory inquiries,
  performed compliance audits.