Insurance Law

The lawsuit Alexander Kaller v. Universal Property & Casualty Insurance Company concerned a policyholder's claim for water damage to his condominium unit. The plaintiff alleged the damage stemmed from an accidental discharge of water on or about October 18, 2020, an event he asserted the policy covered. The insurer, UPCIC, denied the claim, arguing the damage resulted from excluded causes like wear and tear or improper maintenance. After a trial focused on expert testimony, the Miami-Dade jury had to first determine if the property suffered a direct physical loss during the policy period. The jury answered this pivotal question with an emphatic "No," immediately halting the proceedings and foreclosing any further discussion of damages or policy exclusions. On November 7, 2024, the jury returned a verdict firmly in favor of the Defendant, Universal Property & Casualty Insurance Company. This ruling ended the case, confirming that Mr. Kaller had failed to prove a covered loss under the terms of his policy.

The litigation, Rosanna Weber and Randy Weber v. Citizens Property Insurance Corporation, was a breach of contract action filed in the Eleventh Judicial Circuit in Miami-Dade County. The homeowners claimed that their property sustained damage from a windstorm that occurred around November 8, 2020, and that their insurer, Citizens, had failed to pay the full, covered cost of the resulting loss. Citizens denied the claim, asserting the damage was caused by non-covered issues such as wear, tear, and deterioration, not a sudden event. The key conflict in the trial became the cause and extent of the damage, with both sides presenting competing expert testimonies. After deliberation, the jury rejected the insurer's defense. The jury first confirmed that the Plaintiffs had proven the damage was indeed caused by a windstorm. Subsequently, on November 6, 2024, the jury returned a verdict setting the total amount of covered damages owed by the insurer to the homeowners at $50,000.00. This finding compelled Citizens to pay the full amount plus any associated interest and the plaintiffs' legal fees.

Osmel Rodriguez, a Miami homeowner, sued People’s Trust Insurance for denying his windstorm damage claim. He alleged that a storm on May 25, 2020, caused structural damage to his home and personal property. The insurer denied the claim, citing exclusions for wear, tear, and poor maintenance. A jury in the Eleventh Judicial Circuit ruled in favor of the insurance company, concluding that Rodriguez failed to prove storm-related damage covered by the policy.

A Miami jury ruled in favor of Arkady and Ada Kane after a devastating 2021 crash caused by Edward Orjuela Taylor, who ran a red light while impaired. The jury awarded damages for Arkady Kane’s medical expenses, lost wages, and lasting pain, along with consortium damages for his wife. Punitive damages were also assessed against Taylor, underscoring the reckless nature of his conduct.

In Linda Cahill v. The Travelers Home and Marine Insurance Company, a Connecticut jury sided with Cahill after a long dispute over underinsured motorist benefits. Cahill was injured in a 2019 multi-car crash on Route 4 in Farmington when another driver rear-ended traffic and triggered a chain reaction. While the at-fault driver’s insurance paid part of the damages, it did not cover Cahill’s medical bills, ongoing treatment, and long-term suffering. She turned to her own insurer, Travelers, for underinsured motorist coverage. Travelers argued that credits, policy limits, and offsets reduced what it owed. The jury rejected those limitations and awarded $198,813.97 in total damages, including both economic losses and non-economic damages for pain and disruption to her life.

A Contra Costa County jury awarded Alpha GRP, Inc. $73,474 in its lawsuit against broker Woodruff-Sawyer & Co. for negligent advice on insurance coverage during a business shutdown. The jury found the broker partially liable for recommending tail policies that excluded creditor claims, but also held Alpha mostly responsible. Claims brought by Alpha’s officer Colin Dyne were denied.

On August 7, 2023, Kevin Collazo filed an insurance lawsuit against Progressive Select Insurance Company for failing to settle his underinsured motorist claim in bad faith The case was filed in the United States District Court, Southern District of Florida. The case was assigned to Judge K. Michael Moore and referred to Magistrate Judge Lauren Fleischer Louis. [Case number: 1:23cv22953] Kevin Collazo resided and was domiciled in Miami-Dade County, Florida. Progressive, a foreign for-profit insurance company, was authorized to conduct business in Florida, including Miami-Dade County. On or about June 27, 2019, Faris Hillaire was negligently operating a motor vehicle in Miami-Dade County when she coll