Bryan Ashlock and Brandon Crane (North Palm Beach) (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 in St. Lucie County, FL.
Plaintiff sought the replacement of her roof and payment for damages to the interior of her home. After an inspection by an independent adjuster, Citizens denied her 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. Plaintiff subsequently filed suit and provided Citizens with the report of an expert engineer, who testified at trial that the damages he observed to the Plaintiff’s roof were clearly caused by Hurricane force winds experienced during Hurricane Ian.
For the defense, an expert engineer testified on behalf of Citizens that there was no wind damage to the Plaintiff’s property caused by Hurricane Ian, and that the leaks the homeowner experienced were due to long-term deterioration of the flat roof; and that the damages to the interior of the building were the result of wear and tear from the expansion and contraction of building materials.
The jury found in favor of Citizens finding that Plaintiff failed to prove that a covered peril damaged the roof causing an opening that allowed water to enter the interior of Plaintiff’s home. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.