Bryan Ashlock (North Palm Beach, Florida) (First-Party Property) obtained Summary Judgment on behalf of his client, Citizens Property Insurance Corporation (“Citizens”), in a first-party breach of contract action brought by Plaintiff against their homeowners insurance carrier.
The Plaintiff filed a property damage claim with Citizens alleging damage to the roof of their property and that Citizens had improperly denied the claim. Citizens denied the claim on the basis that there was no damage to the property caused by wind and that any damage to the roof was related to wear and tear.
During discovery, it was revealed that the Plaintiff, REFTAM, did not own the property on the date of loss, but had instead transferred the ownership to the owner of the LLC six months before. The individual owner of the LLC was not named in the policy as an insured or an additional insured.
As a result, Citizens filed a Motion for Summary on the basis that Plaintiff did not have an insurable interest in the property on the date of loss. 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.