Aron Rudman (Hollywood, FL) (Property) obtained a Motion for Summary Judgment before Judge Phillips in Broward County in the case of Roy Melchoir v. Citizens Prop. Ins. Corp.
This one-count action stemmed from Plaintiff’s claim that Citizens breached the contract of insurance between it and its Insured by failing to pay insurance benefits as a result of interior damage at the property purportedly caused by Hurricane Irma. During its claim investigation, Citizens’ field adjuster did not observe any “peril created opening” to the building, which is required under the policy in order for interior rainwater damages to be covered. Citizens therefore denied the Plaintiff’s claim in full (no exterior damages were claimed as this was a condominium).
In defense, we took the depositions of the Plaintiff and his post-suit damages loss consultant. With respect to the Plaintiff’s deposition, we confirmed that the alleged water source involved rainwater, pinned down that he is not an expert in construction, and further established that he does not have knowledge regarding the alleged cause of the rainwater intrusion. As to the loss consultant, he initially testified that he documented interior water damage in the property and prepared and estimate for the same. However, we secured testimony, in which the loss consultant denied having any causation opinions regarding the rainwater intrusion.
The Court ultimately granted our MSJ and we are currently pending Citizens decision on whether to seek enforcement of our previously expired proposal for settlement.