Ashley M. Arias - Vernis & Bowling

Ashley M. Arias, Esq.
Department Managing Attorney
Vernis & Bowling of Broward, P.A. 5821 Hollywood Blvd. Hollywood, FL 33021
Phone: (954) 927-5330
Email: AArias@Florida-Law.com
Fax: (954) 927-5320
Website: www.national-law.com
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Verdicts and Dispositions

Gamalie L. Fleurantin, Et al. v. Citizens Property Insurance Corporation
Carlton Bober, Evan Zuckerman, and Ashley M. Arias (Hollywood, FL) (First Party Property/ Appeal) prevailed at the Third Direct Court of Appeals, affirming the Jury Verdict in favor of Citizens. Appellants own a home in Miami, FL, for which they obtained a policy of homeowner’s insurance with Citizens. Appellee first received notice of Appellants’ April 30, 2020 windstorm claim on or about July 14, 2020. Citizens assigned the claim to field adjuster Eric Durow, who inspected the property on July 20, 2020. Mr. Durow did not observe any damage at the property during that inspection which he believed to be storm-related, but rather observed prior repairs including screw holes and screws in the main roof, black tar applied sporadically around the roof, the remnants of prior tarps, and an entire row of shingles that appeared to be glued down with tar. Mr. Durow subsequently recommended that Citizens deny coverage based on the results of his inspection, which recommendation Citizens agreed to and directed Mr. Durow to prepare a denial letter reflecting same.

Appellants subsequently filed this this lawsuit for declaratory relief. The parties then proceeded to trial on this matter, which lasted from July 11, 2022 to July 14, 2022. Appellants moved for directed verdict at the close of Appellee’s case in chief, alleging that Appellee failed to satisfy its burden to demonstrate that Appellants’ claimed damages were attributable to an excluded cause of loss under Appellants’ insurance policy. The trial court denied Appellants’ motion, finding that Mr. Durow’s trial testimony had sufficient evidentiary value to send the case to the jury for a final determination. The jury then entered a verdict in Appellee’s favor, from which Appellants appealed.

On July 2, 2024, Carlton Bober argued before the Third District Court of Appeals that the Trial Court Properly Denied Appellants’ Motion for Directed Verdict as Appellee Provided Sufficient Admissible Evidence During Trial and on July 17, 2024, the Third District Court of Appeals affirmed the Jury Verdict.
Indoor Environmental Restoration Now, Inc. a/a/o Maybet Falcon v. Citizens Property Insurance Corporation
Carlton Bober, Evan Zuckerman, and Ashley M. Arias (Hollywood, FL) (First Party Property/ Appeal) prevailed at the Third Direct Court of Appeals, affirming the granting of Defendant’s Motion to Dismiss for lack of standing. The underlying case arose out of Appellant’s claim that Appellee breached its contract with its insured, Maybet Falcon, by refusing to pay for services rendered to Ms. Falcon by Appellant. Appellant alleges that Appellee owes it $2,200 for its mold assessment work pursuant to the Assignment of Benefits Agreement executed by Ms. Falcon.

Appellee moved to dismiss Appellant’s Amended Complaint on the grounds that the assignment agreement violated section 627.7152(2), Florida Statutes, by failing to include a provision allowing the assignor to rescind the assignment agreement by submitting a written notice of rescission. Appellee further alleged that this deficiency triggered the statutory provision invalidating the assignment agreement, thus divesting Appellant of its ability to sue Appellee for breach of contract. On November 22, 2022, the arguments of both parties were presented at the hearing on Appellee’s Motion to Dismiss. Thereafter, the trial court granted Appellee’s motion, dismissed the case with prejudice, and entered final judgment in Appellee’s favor, from which Appellant appealed.

In response to the appeal, we argued that Appellant’s Non-Compliant Assignment Agreement is Void and Invalid and on August 21, 2024, the Third District Court of Appeal affirmed the Trial Court’s granting of Defendant’s Motion to Dismiss.
Jessie Perez-Candela et al v. Citizens Property Insurance Corporation
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 related to a windstorm claim brought by Plaintiffs against their homeowners’ insurance carrier in a jury trial that took place in Fort Lauderdale, Florida.

Plaintiffs brought a breach of contract action regarding a residential property insurance claim to their property related to a reported windstorm loss. Plaintiffs sought payment for the replacement of their roof and resulting water damages to the interior of their home. Plaintiffs had purchased their home six months before the windstorm after obtaining an inspection report from a licensed home inspector indicating that the roof had no leaks and still had a number of years of useful life remaining.

After an inspection by an independent adjuster, Citizens denied their 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. Plaintiffs subsequently filed suit and argued that there had been no leaks at the property until the reported windstorm, and that Citizens had elected to insure the property despite any present claims of pre-existing wear and tear. Plaintiffs also provided Citizens with the report of a licensed professional engineer, Roy Bodman, who testified at trial that the damages he observed to the Plaintiffs’ roof were caused by uplift and ‘chatter’ to the concrete tiles as the result of the winds experienced during the reported wind event. He also correlated the interior damage to leaks caused by the windstorm. For the defense, expert engineer, Shawn Bunch, testified on behalf of Citizens that there was no wind damage to the Plaintiffs’ property caused by the reported windstorm, and that the leaks the homeowners experienced were due to long-term deterioration of the roofing system, including evident repairs to the same areas being claimed by the Plaintiffs.

The jury found in favor of Citizens finding that the damage to the Plaintiffs’ property was due to wear, tear and deterioration. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.
Gynette Jacobs et al v. Citizens Property Insurance Corporation
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 related to a windstorm claim in a jury trial that took place in Fort Lauderdale, Florida.

Plaintiffs brought a breach of contract action regarding a residential property insurance claim to their home related to a reported windstorm loss. Plaintiffs sought reimbursement for paid repairs to their roof and payment for damages to the interior of their home. After an inspection by an independent adjuster, Citizens denied their 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. Plaintiffs subsequently filed suit and provided Citizens with the report of a general contractor, who testified at trial that the damages he observed to the Plaintiffs’ roof were clearly caused by uplift to the concrete tiles as the result of the winds experienced during the reported wind event. He also correlated the interior damage to leaks caused by the windstorm. For the defense, the expert roofing contractor and expert engineer testified on behalf of Citizens that there was no wind damage to the Plaintiffs’ property caused by the reported windstorm, and that the leaks the homeowners experienced were due to long-term deterioration of the roofing system and windows respectively. Plaintiffs’ own roofing repair records, which they failed to share with their own trial expert, proved the long-term deterioration.

The jury found in favor of Citizens finding that the damage to the Plaintiffs’ property was due to wear, tear and deterioration. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.
Novemie Bautista v. Citizens Property Insurance Corporation
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. Plaintiff brought a breach of contract suit regarding a residential property insurance claim to her home related to Hurricane Irma. Plaintiff reported a claim for damage to her roof and water damage to the interior of her home, which Citizens had denied due to the late reporting of the loss having prejudiced their investigation of the claim. The Plaintiff sought payment for the complete replacement of her roof and repairs to ceilings and walls in several rooms at the property. Plaintiff’s expert testified at trial that 38% of the roof had been damaged due to the winds from Hurricane Irma and that as a result, it had to be replaced per the Florida Building Code. For the defense, an expert engineer testified that while he found no wind damage to the roof that he could definitively correlate to Hurricane Irma, due to the late notice related to the passage of time between the storm and the report of the Plaintiff’s claim, as well as intervening undocumented repairs, it was not possible for him to rule out that Hurricane Irma may have damaged the Plaintiff’s property.

In less than 25 minutes, 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 at the time of Hurricane Irma during the policy period. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.

Plaintiff’s Demand at Trial: $76,011.51, plus claimed attorney’s fees and costs in excess of $100K+.
Silvia Tercero v. Sobarzo Enterprises, Inc. dba Sedano’s Supermarket #14
Carl Bober and Ashley Arias (Hollywood, FL) (Premises Liability) obtained Summary Judgment in favor of our client in the negligence case of Silvia Tercero v. Sobarzo Enterprises, Inc. dba Sedano’s Supermarket #14. The 54-year old Plaintiff allegedly slipped and fell on some grapes and water at our client’s grocery store, and claimed to have sustained herniated discs and knee derangement, with surgical recommendations. Plaintiff argued that a former employee in the produce section observed the creation of the spill and relied upon the store surveillance video from the date of the incident, which appeared to show the employee facing in the direction of the spill at the time it occurred, to argue that the defendant had actual and/or constructive notice of the condition. In our defense, we obtained a post-suit recreation photograph from the area where the employee was seen standing in the video at the time of the spill which affirmatively showed that the employee could not have been able to see the area of the spill as claimed by opposing counsel, and also argued that the interval of time between the creation of the spill and the Plaintiff’s accident was otherwise insufficient as a matter of law. Utilizing the new federal summary judgment standard, the Court found that no reasonable jury could find that Sedano’s had actual or constructive notice of the alleged dangerous condition, and that there was no evidence of negligence on its part. Our Motion for Entitlement to Attorney’s Fees and Costs is pending.
Goldie Pitt v. Citizens Property Insurance Corporation
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+.
All Insurance Restoration Services, Inc .v. Citizens Property Insurance Corporation
Ashley M. Arias, Esq. (Hollywood, FL) (First Party Property) obtained Summary Judgment in State Court of Broward County for Citizens Property Insurance Corporation. The Plaintiff in this case was a water mitigation company who performed services at an Insured’s property following a covered loss. With respect to mitigation services, the subject policy had a Reasonable Emergency Measures provision which limits the amount of such measures to the greater of $3,000.00 or 1% of Coverage A. Over 2 months after the Plaintiff completed its services, it submitted its documents to Citizens, including an invoice totaling $8,739.81. Notably, Plaintiff did not produce any documents requesting to exceed the $3,000 limit as required under the policy. Upon receipt of this invoice, Citizens afforded coverage to the Plaintiff, pursuant to the Reasonable Emergency Measures policy provision, in the amount of $3,000. Shortly after receiving payment, Plaintiff filed a Breach of Contract action against Citizens alleging that Citizens had breached the policy of insurance by not issuing payment to the Plaintiff for its entire invoice. After discovery was completed, Citizens filed a Motion for Summary Judgment, showing that Citizens did not breach the policy as it paid full limits in accordance with the limitation, conditions, terms, exclusions, and endorsements under the policy. Citizens also showed that the Plaintiff never requested to exceed the policy limit as required under the policy. During oral argument Plaintiff claimed that the invoice that was provided to Citizens was an “implied” request to exceed the policy limit. However, the Court agreed that Citizens did not breach the policy of insurance and further stated that she found it “absurd” that the Plaintiff could claim to have requested to exceed the reasonably emergency measures policy limit two months after its services were completed. After the oral arguments, Citizens’ Motion was granted in its entirety.

Areas Of Practice

First and Third Party Property and Casualty Claims
General Civil Litigation
Premises Liability

Bar & Court Admission

Florida Bar
Southern District of Florida

Education

Graduate:
Saint Thomas University School of Law, Juris Doctorate, 2016
Honors: Dean’s List and Vice- President of Florida Association for Women Lawyer’s
Undergraduate:
Saint Thomas University, Bachelor’s Degree in Sports Administration, 2013

Memberships

Broward County Bar Association
Miami Lakes County Bar Association, Vice President
Animal Legal Defense Fund

Ashley M. Arias was born and raised in Miami, Florida. She graduated from the Saint Thomas University with a Bachelor’s Degree in Sports Administration. Following the completion of her undergraduate studies, Ashley attached Saint Thomas University School of Law, she earned her Juris Doctor. While there, Ashley was awarded the Dean’s List Award and part took in numerous Student Bar Organizations such as the Cuban American Bar Association, Vice-President of the Florida Association for Women Lawyer’s, and the Animal Legal Fund.

After passing the bar and prior to joining Vernis & Bowling of Broward, Ashley practiced in Insurance Defense and General Civil Litigation.

While at Vernis & Bowling, she primarily works on First and Third-Party Insurance Claims and Premises Liability.

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