Bryan Ashlock and Brandon Crane (North Palm Beach, FL) (Property) obtained a Defense Verdict on behalf of their client, Citizens Property Insurance Corporation, in a first-party property breach of contract action related to a Tropical Storm Eta claim.
Plaintiff sought the replacement of her roof and payment for damages to the interior of her home. After an inspection by an independent adjuster, Citizens denied her claim due to exclusions in the policy of insurance for wear, tear, and deterioration to the roof, as well as the lack of a peril-created opening at the property. Plaintiff subsequently filed suit and provided Citizens with the report of expert engineer Harold Charles, who testified at trial that the damages he observed to the Plaintiff’s roof were clearly caused by tropical storm force winds experienced during Tropical Storm Eta. He relied upon a Four-Point inspection done 2 years before the storm, which showed that the roof had no active leaks and was in good condition when the policy was issued by Citizens. Plaintiff also presented the testimony of her public adjuster who provided an estimate to replace the roof at the Plaintiff’s property and also correlated the interior damage to leaks caused by the windstorm.
For the defense, expert engineer, Dr. Ziad Azzi, testified on behalf of Citizens that there was no wind damage to the Plaintiff’s property caused by Tropical Storm Eta, and that the leaks the homeowner experienced were due to long-term deterioration of the roof sheathing, as well as wear and tear to the tile roof. Defendant also presented evidence from a pre-purchase Home Inspection report, which occurred five days before the Four-Point inspection presented by Plaintiff, which showed the roof had material defects at the time of purchase.
The jury found in favor of Citizens finding that Plaintiff failed to prove she sustained a physical loss during the policy period. Defendant’s motion seeking the recovery of Citizens’ attorney’s fees and costs is pending.