Dayrelis Boza Avila and Yuniel Perez v. Citizens Property Insurance Corporation

Tamar Hoo Pagan (Hollywood, FL) (Property) obtained Summary Judgment in favor of Citizens Insurance Corporation. Plaintiffs filed suit against Citizens for breach of contract, claiming that they sustained property damage due to Hurricane Ian. The carrier investigated the claim and denied coverage as their investigation was prejudiced due to the late reporting of the claim. Defendant filed Proposals for Settlement that Plaintiffs never accepted. In Defendant’s MSJ, the Defense argued that five months prior to reporting the Ian claim, the Plaintiffs reported a roof claim with another DOL. In the prior claim, the Plaintiff took a recorded statement where she stated they made repairs to the roof a year prior to Ian but when the repairs failed, they decided to file a claim. The prior claim was denied and then the Public Adjuster filed the instant claim and changed the DOL. The Plaintiffs filed an Affidavit from Christopher Thompson who provided an opinion on the cause and origin of the loss. The Defense argued that Mr. Thompson’s Affidavit failed to address the prior claim, prior repairs and address the issue of whether Citizens was prejudiced, among other things. The Court found that notice was not prompt and the Plaintiffs did not put forth evidence to rebut that Citizens was not prejudiced. Our Motion for Entitlement to Attorney’s Fees and Costs is pending.