Carl Bober and Tamar Hoo-Pagan (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 November 29th through December 2nd, 2022.
Plaintiff brought a breach of contract suit regarding a residential property insurance claim to her home related to a reported windstorm loss, which Citizens had denied due to damages caused by wear and tear and for a policy exclusion for no peril opening allowing rain to cause interior damages . The Plaintiff initially 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, as well as for interior damages to her ceilings, floors and walls at the property. Plaintiff claimed that the damages were all due to the windstorm. Plaintiff’s expert testified at trial that the wind and/or hail damaged the Plaintiff’s roof and that it needed to be replaced as a result. However, at trial, Plaintiff for the first time withdrew the interior damage portion of her claim and instead asked the jury in closing argument only for the reimbursement of her actual expenses to replace her roof. For the defense, Citizen’s field adjuster testified that the older roof exhibited evidence of wear, tear and deterioration, as well as that he found no opening in the roof apart from pre-existing holes in a chimney vent stack, and so recommended denial of the claim. The jury found in favor of Citizens finding that Plaintiff failed to meet her burden to show that wind damaged her property. Defendant’s motion seeking the recovery of Citizen’s attorney’s fees and costs is pending.
Plaintiff’s demand at trial was $86,109.91, reduced to $26,000, plus claimed attorney’s fees and costs in excess of $100K+.