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 Plaintiff against her homeowners insurance carrier in a jury trial that took place in Fort Lauderdale, Florida.
Plaintiff brought a breach of contract suit regarding a residential property insurance claim to her home related to a reported water supply line leak to her refrigerator, which Citizens had denied due to their investigation revealing no direct physical loss as a result of the reported claim, as well as for unrelated damages that were excluded under a policy exclusion for constant or repeated leakage. The Plaintiff sought payment for the replacement of her kitchen including cabinetry, floors and walls at the property, as well as continuous flooring throughout much of her home. Plaintiff’s expert Peter Lemus testified at trial that the one-time reported leak from the pressurized supply line was the cause of the claimed damages and about the scope of the repairs needed as a result. For the defense, Citizen’s field adjuster testified that his inspection revealed no evidence of a direct physical loss, and that he recommended an expert be retained to further evaluate the claim. Expert engineer Dan Connery testified that he found no evidence the flooding event claimed by Plaintiff had occurred as reported by the Plaintiff. The jury found in favor of Citizens finding that Plaintiff failed to meet her burden to show that her property sustained a direct physical loss on the reported date of the incident. Defendant’s motion seeking the recovery of Citizen’s attorney’s fees and costs is pending.
The Plaintiff’s last demand at trial was $45,382.33, plus claimed attorney’s fees and costs in excess of $100K+.