John P. Daly (North Miami, FL) and Michael Ferral (Miami, FL) (Property) obtained a Defense Verdict on behalf of their client, Security First Insurance Company, in a first-party property breach of contract action brought by Plaintiffs against their homeowner’s insurance carrier. The jury trial was held in Miami-Dade, Florida.
In 2019, the Plaintiffs filed a claim with Security First, alleging that on or about September 10, 2017, the insured property sustained sudden and immediate water and wind damage as a result of Hurricane Irma. The Plaintiffs did not notice nor report the damage until November 2019. After concluding its claims investigation, Security First denied coverage based on the policy’s “peril created opening” exclusion. As a result, the Plaintiffs filed suit on February 3, 2020, and sought a declaration from the court that there was a covered loss under the policy, that Security First had an affirmative duty to adjust the loss, and an award attorney’s fees and court costs.
The Plaintiffs’ expert (Al Brizuela, P.E.) testified at trial that Hurricane Irma damaged the Plaintiffs’ roof and had ultimately led to the interior water damage. Despite knowing the age of the roof (almost 20 years old at the time the Plaintiffs first noticed the damage), the Plaintiffs’ expert repeatedly stated that roof damage could only be the result of Hurricane Irma. For the defense, Security First’s corporate representative testified that the claim was denied upon a thorough investigation of the property, including the opinions of its pre-suit engineer, Dustin DiPersia, P.E. He testified that there was no evidence of any peril created openings on the roof and that the roof showed significant signs of wear and tear due to age-related deterioration. The jury returned a verdict in favor of Security First finding that the Plaintiffs failed to meet their burden to show that their property sustained damage during the policy period.
The Plaintiffs’ last demand prior to trial was $140,000 inclusive of attorney’s fees and costs.