Carl Bober and Josh Meyer (Hollywood, FL) (Property) obtained a Defense Verdict on behalf of their client, Citizens Property Insurance Corporation, in a first party property breach of contract action related to a Hurricane Ian claim.
Plaintiffs brought a breach of contract action regarding a residential property insurance claim for damages to their home related to Hurricane Ian. Plaintiffs sought the replacement of their roof as well as payment for water damages to the interior of their home and claimed damages in excess of $273,000.00. After an inspection by an independent adjuster and a registered professional engineer, Citizens denied their claim due to exclusions in the policy of insurance for wear, tear and deterioration to the roof, as well as the lack of a peril created opening at the property. Plaintiffs subsequently filed suit and provided Citizens with the report of an expert engineer, who testified at trial that the damages he observed – including cracked tiles to the Plaintiffs’ roof and leaks to the interior – were clearly caused by the winds experienced during Hurricane Ian. Plaintiffs’ expert heavily relied upon a 4-point inspection report done three months before the hurricane which documented that there were no cracked tiles on the roof and no evident signs of leaks at the home. Plaintiffs’ expert Michael Cordo testified that the replacement of the roof, flooring, kitchen cabinetry and matching repairs throughout the property were all needed to bring the home back to its pre-loss condition.
The defense expert testified on behalf of Citizens that there was no wind damage to the Plaintiffs’ property caused by Hurricane Ian, and that the leaks which the homeowners experienced were due to deteriorated flashing around a roof vent which had been allowing rain to enter the attic for months before the hurricane. Our expert located the exact point of entry of the leaking in the limited attic space and was able to show the jury the significant deterioration to the decking which was inconsistent with the Plaintiffs’ claim of damage from a one-time storm event.
The jury found in favor of Citizens finding that the Plaintiff’s damages were caused by faulty, inadequate or defective maintenance. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.