Carl Bober and Paulette Fouts (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 brought by Plaintiffs against their homeowners insurance carrier in a jury trial that took place in Fort Lauderdale, Florida, between November 13th -16th, 2023. Of interest, the Broward County courthouse was ordered closed due to rain, high winds and flooding, just before the jury went out to deliberate. The parties and the jury nevertheless came to the closed courthouse to deliberate in this windstorm damage case, and the jury rendered a verdict in favor of our client.
Plaintiffs brought a breach of contract suit regarding a residential property insurance claim to their home related to a windstorm claim. Plaintiffs reported a claim for damage to their roof and water damage to the interior of their home, which Citizens denied due to long-term wear and tear in addition to the absence of any peril-created opening in the roof, as well as for pre-existing damages. The Plaintiffs initially sought payment for the complete replacement of their roof reportedly due to tornado-like winds as well as repairs to ceilings and walls in several rooms at the property, although they eventually withdrew their interior damages claim. Plaintiff’s expert Architect Zachary Wethington testified at trial that the Plaintiffs’ roof had been significantly damaged due to winds preceding the reported DOL, and that the Plaintiffs subsequently discovered the damage when numerous interior leaks occurred throughout a number of rooms inside their home. For the defense, expert engineer Jeffrey Sanchez testified that there was in fact wind damage to the roof but that it was related to a prior storm, Hurricane Irma, which was outside the policy period, and that the remainder of the damaged portions of the roof were due to wear, tear and deterioration.
The jury found in favor of Citizens finding that Plaintiffs failed to meet their initial burden to prove that their property sustained a direct physical loss due to wind during the policy period. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.
Plaintiff’s Demand at Trial: $83,179.59, then reduced at trial to $36,325.43 for the roof only, plus claimed attorney’s fees and costs in excess of $100K+.