Phillip Jones (Tampa, Florida) (Property) obtained a Summary Judgment in Hillsborough County Florida.
Plaintiff brought a homeowner’s breach of contract claim in relation to an alleged windstorm resulting in damage to the Plaintiff’s roof. After investigating the claim, Citizens denied coverage as the roof did not show any damage related to a covered peril and instead exhibited signs of wear and tear.
At the hearing on the motion for Summary Judgment, Plaintiff submitted an affidavit alleging there was no damage to the roof before the storm, but damage after the storm. Therefore, Plaintiff argued that the alleged storm had to be the cause of the damage to the roof.
Citizens argued that the affidavit contradicted the deposition testimony, wherein the Plaintiff testified that he never observed the alleged damages and never got on the roof. Citizens presented an affidavit of an expert who opined that the damage to the roof was a result of wear/tear and age-related deterioration.
The Court agreed with Citizens that the claim was excluded under the policy and granted Final Summary Judgment in Citizen’s favor.