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 the case Johanna Aguirre Caceres v. Citizens Property Insurance Corporation.
Plaintiff brought a breach of contract suit regarding a residential property insurance claim to her home related to a plumbing water leak, which Citizens had denied based upon the lack of direct physical loss to the property. The Plaintiff sought payment for interior damages including the replacement of her entire kitchen, and all of the flooring throughout her home. Plaintiff claimed that the loss was due to a sudden leak from under her kitchen sink which occurred while she was at work damaging the kitchen cabinets and flooring. Plaintiff’s public adjuster testified that the leak caused the damage and testified regarding the need for and cost of replacement. For the defense, Citizen’s field adjuster and expert engineer testified that the Plaintiff’s property was not damaged due to the leak, that the claimed damage was due entirely to a subsequent unrelated event, and that the reported loss could not have occurred in the manner claimed by the Plaintiff and her public adjuster. The jury found in favor of Citizens on Plaintiff’s claim, finding that she did not prove that she sustained a physical loss during the policy period. Defendant’s motion seeking the recovery of Citizen’s attorney’s fees and costs is pending.
Plaintiff’s demand at trial was $31,873.28 plus interest and claimed attorney’s fees and costs in excess of $80,000.00.