Tyrell v. Castle Key

Terrence L. Lavy (Ft. Myers, FL) (Property) obtained Final Summary Judgment on behalf of Castle Key Indemnity Company related to a Hurricane Irma lawsuit brought by its insureds, Edward and Kathleen Tyrell. After hiring Massey Construction in January 2019, the insureds were convinced they needed a new roof and asserted an Irma claim. During discovery they presented invoices for roof repairs by professional roofers in October 2017 and March 2018 – the combined costs for this work was well below the deductible. The roof was not replaced prior to suit (or during). During the litigation we obtained a defense decision at Court Ordered Non-binding Arbitration. Plaintiffs sought trial de novo. We moved for Summary Judgment asserting that, since the repair costs were incurred and below the deductible, Plaintiffs’ contention was that replacement was warranted, if at all, only by an ordinance or law coverage argument. The policy provided such coverage only when actually incurred. The Honorable Elizabeth Krier, Collier County Circuit Court, agreed and entered Final Summary Judgment on the issue. Castle Key is now considering its options with respect to obtaining its fees and costs with respect to the suit.