Marco Berger v. Citizens

Evan Zuckerman (Hollywood, FL) (First Party Property) obtained summary judgment on behalf of our client Citizens Property Insurance Corporation.  The homeowner Plaintiff, represented by the Strems Law Firm, filed a Complaint for Breach of Contract alleging that his property suffered damage to due to a roof/rainwater leak, and that Citizens had improperly denied the claim. Citizens originally denied the Plaintiff’s claim as there was no roof opening caused by a peril insured against under the policy, so any interior damage caused by rainwater infiltration was excluded from coverage. After deposing the plaintiff and his wife, as well as retaining an expert to perform a roof evaluation, we filed a Motion for Summary Judgment supported by the expert’s affidavit. The trial judge granted Final Judgment in Citizens’ favor, and our Motion for Entitlement to Recover Attorney’s Fees and Costs, filed pursuant to an expired Proposal for Settlement, is currently pending.