Evan A. Zuckerman, Carlton A. Bober, and Jessica Aberman (Hollywood, FL) (Appeal) successfully secured an appellate victory on behalf of Citizens Property Insurance Corporation in Samantha Gonzalez v. Citizens, Case No. 4D24-0081, before Florida’s Fourth District Court of Appeal.
The underlying case arose from a homeowner’s claim for interior water damage following Tropical Storm Eta. At trial, the defense team demonstrated that while water intrusion occurred, there was no storm-created opening to the roof or walls of the property—a key requirement for coverage under the policy’s rainwater exclusion. The jury found in Citizens’ favor. On appeal, the plaintiff challenged the trial court’s denial of directed verdict and new trial motions, raised objections to the admission of expert testimony, and argued that Citizens had not properly pleaded all defenses.
The Vernis & Bowling appellate team defended every aspect of the case—both procedurally and substantively—on the record. On July 17, 2025, the Fourth DCA issued a per curiam affirmance, confirming that no reversible error occurred and that the verdict stood on firm legal and evidentiary ground. Motions to recover attorneys’ fees and legal costs at the trial and appellate levels remain pending.