Evan Zuckerman (Hollywood, FL) (Property) obtained Summary Judgment in a water loss claim for Citizens Property Insurance Corporation on a post-loss document production issue.
Plaintiff Angelica Camacho made a claim for water damage that Citizens’ field adjuster discovered during his investigation of a late-reported Hurricane Irma claim. The damage was allegedly caused by a supply line leak resulting from water treatment chemicals used by the City of Miramar. During the claim investigation, Citizens scheduled an examination under oath (EUO) at which it requested invoices and estimates from the Plaintiff relating to repair work performed. The Plaintiff failed to provide all the documentation she possessed and Citizens denied her claim.
The case proceeded to a hearing on our MSJ with the only defense being the Plaintiff’s failure to comply with her post-loss obligations by not providing the requested documents. While Plaintiff, through counsel, attempted to defeat the motion by showing that she had provided at least some documents to Citizens’ counsel during the EUO, the Court granted the defense’s summary judgment motion, noting that Plaintiff’s attempted compliance was insufficient as a matter of law.