Carl Bober and Ashley Arias (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 Plaintiff against her homeowners insurance carrier in a jury trial that took place in Fort Lauderdale, Florida, between June 21st to June 23rd, 2022.
An elderly widowed Plaintiff brought a breach of contract suit regarding a residential property insurance claim to her home related to a Hurricane Irma loss, which Citizens had denied due to policy exclusions for damages caused by wear and tear, rain, and for pre-existing damages. The Plaintiff sought payment for the replacement of her roof, which she had personally already paid for by the time of trial following the denial of her claim by Citizens, as well as for interior damages to her ceilings and walls in several rooms of the property. Plaintiff claimed that the damages were all due to Hurricane Irma. For the defense, Citizen’s field adjuster and expert engineer testified that the damages were not due to wind from the hurricane, but instead were due to excluded causes under the policy. Our expert also used aerial photography to prove there was no material change in the condition of the roof from before and after the hurricane, as well as pre-hurricane photographs which showed its prior long term deterioration.
The jury found in favor of Citizens on Plaintiff’s roof claim, finding that she did not prove that she sustained a physical loss during the policy period at all. The trial judge also directed a verdict in Citizens’ favor on the Plaintiff’s interior damage claims. Defendant’s motion seeking the recovery of Citizen’s attorney’s fees and costs is pending.
Plaintiff’s Demand at Trial: $41,494.64 plus claimed attorney’s fees and costs in excess of $100K+.