Citizens Wins Storm Damage Insurance Case Over $30K Claim
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Storm Damage Sparks Legal Battle in Miami-Dade
Marta Milosevic Brankovic and Nebojsa Brankovic filed a lawsuit against Citizens Property Insurance Corporation. They lived in Miami-Dade County, Florida. Their home was covered under a property insurance policy. The lawsuit sought damages over $30,000. Citizens operated as a licensed insurer in the state. The dispute centered around storm-related damage to the plaintiffs’ property.
Hurricane Damage
On September 10, 2017, a weather event caused significant roof damage to the Brankovics’ home. The storm created an opening in the roof. Water entered the property, damaging the interior. The Plaintiffs promptly reported the loss to Citizens. The insurer acknowledged the claim. However, a dispute arose over payment and coverage under the policy. That disagreement led to legal action.
Property Sustained Water Damage
Water intrusion damaged the structure of the insured home. The Brankovics completed repairs and other remediation. The damage directly affected the habitability of the property. Repairs required time, expense, and professional services. The Plaintiffs claimed the insurer failed to pay for those necessary costs.
Financial Relief and Legal Fees
The Brankovics submitted all repair costs and losses to Citizens. They alleged the insurer refused to pay. The Plaintiffs sought monetary damages and interest. They also claimed entitlement to attorney fees and litigation costs. The lawsuit asked the court to hold the insurer accountable under Florida law.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Marta Milosevic Brankovic | Nebojsa Brankovic
Counsel for Plaintiff(s): Osiri G. Calviac | Erick Trivedi
Expert Witness for Plaintiff: Ricardo Arevalo | James Hyppolite
Defendant(s): Citizens Property Insurance Corporation
Counsel for Defendant(s): William C. Blackwell | Jonathan D. Befus | Nancy Saint Pierre | Jonathan D. Franklin | Jennifer Ruiz
Expert Witness for Defendant(s): Thomas Fisher
Breach of Contract and Legal Costs at Issue
The Plaintiffs accused Citizens of breaching the insurance contract. They claimed the insurer failed to cover damages caused by a covered event. They also argued Citizens gave no valid reason for denying payment. The lawsuit included a demand for attorney fees under Florida Statute §627.428. That law provides for fee recovery when policyholders win against insurers.
Insurer Denied Responsibility and Cited Late Notice
Citizens denied all claims. It argued no breach of contract occurred. The company said the Plaintiffs failed to meet conditions required under the policy. One key defense was late notice. Citizens claimed the delay hurt its ability to investigate. It also challenged the Plaintiffs’ eligibility for legal fees. The insurer denied financial responsibility for any alleged losses.
Jury Clears Insurer of All Liability
On March 17, 2025, a Miami-Dade jury ruled in favor of Citizens. Jurors found the insurer did not breach the contract. They rejected the Brankovics’ claims for damages. The court entered judgment for the defendant. Citizens avoided all financial liability in the dispute.