Insurance Dispute

The case of Clotaire Borgella v. Universal Property and Casualty Insurance Company (UPCIC) was a lawsuit filed in Miami-Dade County stemming from the insurer's denial of a property damage claim. The homeowner, Mr. Borgella, claimed his property sustained a direct physical loss during the policy period of November 2019 to November 2020. UPCIC denied the claim, asserting multiple Affirmative Defenses, primarily arguing that the damage was due to excluded causes like faulty workmanship or pre-existing conditions, and that Mr. Borgella failed to comply with his "Duties After Loss." The trial focused on expert testimony about the cause of the loss. The jury ultimately found that a direct physical loss had occurred. Although the jury agreed with the insurer that Mr. Borgella failed to substantially comply with the duty to show the cause of loss, they proceeded to assess damages. On November 7, 2024, the jury returned a verdict in favor of the plaintiff.

The case, Mildred and Edgardo Ventura v. State Farm Florida Insurance Company centered on a homeowner's claim for water and mold damage in Broward County, Florida. Plaintiffs Mildred and Edgardo Ventura argued State Farm breached their insurance contract by refusing to cover the loss reported in November 2021. State Farm admitted that damage occurred during the policy period, but its defense hinged on policy exclusions, specifically arguing the damage resulted from continuous or repeated seepage or leakage over time, a non-covered event. The jury in the 17th Judicial Circuit delivered a verdict on August 28, 2025. After the jury confirmed that the homeowners' property sustained damage during the policy period, they answered the critical second question: the jury found that the greater weight of the evidence did show the damage was excluded from coverage by the policy. This ruling validated State Farm’s denial, meaning the Venturas received no recovery for their claim.

The lawsuit, Broward Outpatient Medical Center, LLC, et al. v. Medmal Direct Insurance Company (Case No. CACE-21-020771), was an insurance coverage dispute heard in Broward County, Florida. Plaintiffs BOMC and BISC claimed their insurer, Medmal Direct, wrongfully denied coverage and defense for underlying medical malpractice claims related to an insured physician, Merrill Reuter, M.D. The facilities asserted the policy covered them and that Medmal Direct's denial constituted a breach of contract. Medmal Direct, the Defendant, centered its defense on the Plaintiffs' failure to provide claim notice during the policy period, an essential policy requirement, and raised exclusions for fraud or fee disputes. The jury, returning its verdict on July 25, 2025, sided completely with the insurer. Specifically, the jury found that Medmal Direct did not receive a claim notice on behalf of the facilities and did not waive its policy requirement. Furthermore, the jury concluded that the Plaintiffs did not prove by clear and convincing evidence that the insurer made a factual representation that created a basis for equitable estoppel.

This case was filed in the Eleventh Judicial Circuit Court of Miami-Dade County, Florida, and dealt with insurance contract law.  The Plaintiffs, Arthur T. Somano and Enriqueta Somano, sued People's Trust Insurance Company, alleging breach of a homeowner's insurance contract and related obligations.  The key legal issue was the Defendant's rejection and failure to appropriately cover losses resulting from a qualified property damage occurrence under an active insurance policy.The Plaintiffs owned residential property located at 16083 SW 63rd Terrace in Miami, Florida, which had been insured under a homeowner’s policy issued by People's Trust Insurance Company. On or about November 8, 2020, the property had sustained significant damage due to a covered peril. The Somano Plaintiffs had reported the loss to the insurance company on September 22, 2021. Upon notification, the insurer had initiated an investigation of the clai

This case took place in Miami-Dade Circuit Court and centered on a homeowner’s insurance dispute. Jean Julio Boursiquot, the Plaintiff, owned a residential property that he said suffered significant roof and interior water damage during Hurricane Ian in September 2022.Boursiquot filed a claim with his insurer, Citizens Property Insurance Corporation, Florida’s state-backed insurer of last resort. According to him, the storm’s high winds caused openings in the roof, which allowed rainwater to pour inside and damage his home.When Citizens denied the claim, Boursiquot turned to the courts, filing a lawsuit in 2024 for breach of contract. He argued that his policy clearly covered hurricane-related damage and that Citizens wrongfully refused to pay the benefits he was entitled to receive.Boursiquot asserted that Hurricane Ian caused a direct physical loss to his property within the policy period. He claimed that wind ripped shingles from the roof and created openings

A Florida jury found Tower Hill Prime Insurance Company not liable in a property damage dispute involving blasting vibrations. Homeowners Ileana Fernandez Adel and Khaled Adel alleged their insurer wrongfully denied coverage under an “all-risk” policy. The jury sided with the insurer, ruling that the damage was excluded under policy terms.

In a dispute over property damage allegedly caused by Tropical Storm Eta, homeowner Edgar Moscoso sued Citizens Property Insurance Corporation for breach of contract. He claimed the insurer failed to pay for storm-related repairs to his Miami home. After testimony from both parties and inspections of the property, a jury found no storm-created damage and ruled in favor of the insurer, concluding that the losses fell outside policy coverage.

Richard and Annette Cortes sued Citizens Property Insurance Corporation after their Pinecrest home suffered damage during Tropical Storm Eta. They claimed the insurer wrongly denied coverage under their homeowners policy, leading to financial strain and legal action. Citizens argued that no covered peril caused an opening allowing water intrusion, as required under the policy. On December 11, 2024, a jury found in favor of the insurer, rejecting the Corteses’ breach of contract claim.

After Tropical Storm Eta damaged her Miami-Dade home, Rebeka Perera filed a claim with Heritage Property & Casualty Insurance Company. The insurer denied coverage, citing policy exclusions and delayed reporting. Perera sued for breach of contract and declaratory relief. On May 2, 2025, a jury found the loss was covered and awarded her $631,187.40 in damages. The case highlights the challenges homeowners face when seeking insurance benefits after major storms.

Francois and Marceline Julmis filed a declaratory relief action against Citizens Property Insurance Corporation after a February 2022 plumbing leak damaged their Miami home. The insurer denied their claim, citing maintenance issues and policy exclusions. The Julmises argue the loss falls under their all-risk policy and are asking the court to compel coverage and appraisal, citing damages exceeding $50,000.

Jocelyn Florvil secured a $104,000 jury award in her lawsuit against Universal Property & Casualty Insurance Company, following a dispute over denied coverage for water damage caused by a plumbing failure in her Miami home. Despite the insurer’s claims that Florvil failed to submit to a recorded statement and provide key documents, the jury found no material breach of her duties and determined that Universal’s investigation was not prejudiced.

A Miami jury denied damages to Henry and Rosa Pena, finding no storm-related loss during their insurance policy period.