Citizens Insurance Cleared in $30K Roof Damage Lawsuit
Table of Contents
Property and Insurance Overview
Edgar Moscoso owned a home at 18090 SW 136th Street, Miami, Florida. He held an active homeowner’s insurance policy with Citizens Property Insurance Corporation. The policy promised coverage for specific types of property damage. Mr. Moscoso paid all premiums as agreed.
Storm Event and Reported Loss
On November 8, 2020, Tropical Storm Eta swept through South Florida. It brought high winds and heavy rainfall. The storm damaged Mr. Moscoso’s roof, allowing water to leak inside the home. Several rooms suffered water damage, including the kitchen, living room, master bathroom, and bedrooms. Mr. Moscoso promptly reported the loss to Citizens.
The insurer opened a claim and inspected the property. Despite this, Citizens did not offer a sufficient payment to repair the damages. Mr. Moscoso believed the response failed to meet the obligations outlined in the policy.
Extent of Damage and Ongoing Impact
Water entered through the storm-damaged roof and spread through the home. The leaks compromised essential living spaces. Mr. Moscoso continued to experience the effects of this damage. He could not complete repairs due to the shortfall in insurance funds. The situation caused ongoing financial and personal stress.
Monetary Relief and Legal Costs
Mr. Moscoso estimated his losses to exceed $30,000, excluding interest, court costs, and legal fees. He stated the insurer’s failure to pay forced him to retain legal representation. He also cited Florida Statute §627.428, which allows recovery of attorney’s fees when an insurer forces litigation.
Key Arguments and Proceedings
Legal Representation
Legal Representation
Plaintiff: Edgar Moscoso
Counsel for Plaintiff: Julio J. Martinez | Leo A. Manzanilla
Expert Witness for Plaintiff: Wayne E. Dennis
Defendant: Citizens Property Insurance Corporation
Counsel for Defendant: David Salas | Marcos Antonio | Luis N. Perez | Blake S. Fezza
Expert Witness for the Defendant: Greg McLellan
Legal Basis for the Lawsuit
Count I – Breach of Contract
Mr. Moscoso claimed Citizens breached the terms of the insurance policy. He argued that he upheld his obligations, paying premiums, reporting the loss, submitting documents, and allowing inspections. In turn, Citizens failed to pay what was owed under the policy. Mr. Moscoso now seeks damages, attorney’s fees, and any relief provided by Florida law.
Defense
The Defendant, Citizens Property Insurance Corporation, denied liability for the Plaintiff’s claimed damages. It argued that no storm-related opening existed in the roof or walls, which is required for coverage under the policy. Based on inspections by both a field adjuster and expert engineer Greg McLellan, P.E., the Defendant stated that there was no evidence of damage caused by Tropical Storm Eta. The inspections revealed no lifted tiles, bent flashing, or other signs of wind damage. Instead, the roof showed signs of wear, tear, deterioration, and lack of maintenance, conditions expressly excluded from coverage.
The Defendant further emphasized that the policy does not extend to interior water damage unless a covered peril first damages the exterior. Since no storm-created opening was present, coverage did not apply. Both inspections supported the conclusion that the observed damage resulted from long-term aging, not a one-time storm event. Therefore, the Defendant maintained that it acted within the terms of the policy and owed no further payment.
Jury Verdict
On December 11, 2024, the jury returned a verdict in favor of the Defendant, Citizens Property Insurance Corporation. After reviewing the evidence and hearing testimony from both parties, including expert findings presented by the defense, the jury concluded that the Plaintiff, Edgar Moscoso, failed to prove that the claimed property damage was caused by a covered peril under the policy. As a result, the jury found that the Defendant did not breach the insurance contract and was not liable for the Plaintiff’s alleged damages.