Florida Jury Awards $104K in Breach of Insurance Contract Case
Table of Contents
Policy and Property Overview
Jocelyn Florvil owned a home in Miami-Dade County, Florida. She insured the property through Universal Property & Casualty Insurance Company. The policy was an all-risk homeowner’s insurance contract. It covered damage to the dwelling, personal property, and surrounding structures. The insured property was located at 10425 NW 2nd Ct., Miami. At the time of the incident, the insurance contract was active and valid.
Incident and Insurance Claim
On December 27, 2018, a major plumbing failure occurred at Florvil’s home. The event was sudden and severe. Water damaged the inside of the house, leading to substantial loss. Florvil submitted a claim to her insurer. Universal acknowledged receipt and assigned a relevant claim number. Despite involvement by the company’s adjusters, no formal coverage decision followed. The insurer cited no specific exclusions. They also failed to adjust or pay out the full claim.
Property Damage and Disruption
The plumbing incident caused wide-ranging damage to Florvil’s home interior. Water intrusion affected daily use of the property. Florvil faced urgent repair needs. The insurer’s refusal to pay delayed restoration efforts. She relied on the insurance contract for relief but received no full payment. As a result, she experienced continued hardship. The lack of resolution forced her to seek legal counsel to address the matter.
Legal Action and Financial Demands
Florvil filed a lawsuit for breach of contract. She claimed Universal failed to honor their obligations under the insurance policy. The complaint demanded full coverage for the loss, plus interest. She also sought reimbursement for legal fees and court costs. Under Florida law, she cited rights to compensation under Sections 627.428 and 57.041. The legal action included a demand for a jury trial and a judgment covering all unpaid benefits.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Jocelyn Florvil
Counsel for Plaintiff: Stephanie Ducheine | Adam R. Barnett, Esq. | Erik D. Diener
Expert Witness for Plaintiff: Marc-Arthur Marcelin | Kenneth Hecht | Jason Conner
Defendant: Universal Property & Casualty Insurance Company
Counsel for Defendant: Kristen H. McMullen | Alina M. Alvarez | Tracy Tatnall Segal | Ashley Joseph, Esq. | Antonio D. Morin
Claims
Breach of Agreement
Jocelyn Florvil claimed that Universal Property & Casualty Insurance Company failed to honor their agreement. She had an active homeowner’s insurance policy when a major plumbing failure damaged her home on December 27, 2018. The policy was meant to cover such losses, yet the insurer did not pay the full amount or issue a formal denial.
Failure to Act
Florvil stated that she followed all procedures required by her insurance contract. She filed a claim and waited for action. Universal acknowledged the claim but did not adjust it properly or cite any clear exclusions. Their delay and refusal to pay were seen as a violation of the insurance contract.
Demand for Compensation
As a result of this inaction, Florvil sought payment for the full value of the damages. She also asked for interest on any overdue amounts, legal fees, and court costs. Florida law, she noted, supports her right to these additional payments. She requested a jury trial to resolve the issue and hold the company accountable.
Defense
The Defendant, Universal Property & Casualty Insurance Company, denied all allegations in Jocelyn Florvil’s breach of contract lawsuit and demanded strict proof. Universal admitted limited facts concerning jurisdiction and policy issuance but denied liability for the alleged loss or failure to pay.
Universal argued that Florvil failed to comply with her post-loss obligations under the insurance policy. It claimed she never submitted to a requested recorded statement and failed to provide essential documents, including photographs, water usage records, prior claim information, and proof of damage. Universal asserted that these failures prejudiced its ability to investigate the claim properly.
Additionally, Universal raised multiple affirmative defenses. It argued that Florvil did not submit a required personal property inventory. It also claimed that policy exclusions barred recovery for the plumbing system itself, from which the water allegedly escaped. Universal further asserted that Florvil completed repairs before notifying the insurer, violating policy terms and preventing a proper inspection.
The Defendant asked the court to deny all requested relief, dismiss the complaint, and award legal costs. Universal demanded a jury trial on all triable issues.
Jury Verdict
On January 24, 2025, the jury found in favor of the Plaintiff, Jocelyn Florvil, against Universal Property & Casualty Insurance Company on the claim of breach of the insurance contract.
The jury awarded $104,000 in total damages, finding that Universal failed to prove Jocelyn committed a material breach of her duties to submit to a recorded statement or provide requested documents, and that the insurer’s investigation was not prejudiced.
As a result, the Plaintiff prevailed in her claim, with the jury holding Universal liable for the resulting damages under the insurance policy.