Homeowner Loses Windstorm Insurance Case in Florida
Table of Contents
Case Background
This case took place in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Osmel Rodriguez, a homeowner in Miami, brought a breach of contract lawsuit against People's Trust Insurance Company, his property insurer.
The legal fight focused on a homeowner’s insurance policy and a claim for alleged wind and water damage. Rodriguez claimed that a windstorm damaged his home on May 25, 2020, causing water to enter and damage parts of his property. When the insurance company denied the claim, Rodriguez filed suit for compensation.
Cause that led to the dispute
The dispute began after a storm on May 25, 2020. Rodriguez alleged that strong winds created an opening in his home’s structure, allowing rain to pour inside and cause significant damage. According to Rodriguez, his homeowner’s insurance policy covered this type of damage, and he submitted a claim to People’s Trust Insurance under claim number CFL20563686.
Despite giving timely notice of the loss and cooperating with the insurance company’s procedures, Rodriguez’s claim was denied. The insurer disputed that any covered event had occurred, prompting this lawsuit for breach of contract.
Injury suffered
Rodriguez claimed that the storm caused damage to both his home and his personal property inside. He argued that he had suffered financial harm from the need to repair parts of the house and replace damaged belongings. He also claimed out of pocket costs as a result of the denied claim.
Damages Sought
Rodriguez sought insurance benefits for repair and replacement costs related to his home and personal property. He also asked for compensation for related expenses, attorney’s fees, and Court costs under Florida law.
Key Arguments and Proceedings
Representation
Plaintiff: Osmel Rodriguez
· Counsel for Plaintiff: Stephan Lopez
Defendant: People’s Trust Insurance Company
· Counsel for Defendant: George A. Hooker | Tasha M. Somarriba | Paola A Orta Cordova | Brittany R Smith | Sean M Sabogal
Claims Asserted
Rodriguez sued People’s Trust Insurance for breach of contract. He claimed the insurer had failed to pay benefits. He argued that the storm related damage clearly fell within the coverage, including structural repairs and personal property loss. Rodriguez alleged that the company had violated the contract by refusing to honor the valid claim.
Defense Arguments
People’s Trust Insurance denied any wrongdoing. The company argued that the policy did not cover the type of damage Rodriguez claimed. Their defense focused on exclusions in the insurance contract.
They pointed to policy provisions that excluded coverage for losses caused by wear and tear, deterioration, faulty maintenance, or construction defects. According to their inspection, the damage resulted from ordinary aging of the roof and poor maintenance not from any sudden storm event. They argued that the roof had been deteriorating over time, not damaged by wind on the date in question.
The insurer also highlighted policy language excluding losses from defective workmanship, repair, or maintenance. Essentially, the company said the claim related to preexisting issues and therefore did not qualify for payment under the contract.
Key Arguments by Counsel
Counsel for Rodriguez argued that his compliance with the policy terms and timely notice entitled him to benefits under the insurance agreement. His legal team maintained that the damages were consistent with storm related events.
Defense counsel, representing People’s Trust, countered that the policy excluded losses from deterioration, poor maintenance, or faulty repair. Their arguments leaned heavily on the insurer’s field inspections and policy exclusions, painting the claimed damage as outside the scope of coverage.
Jury Verdict
The jury in the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County, Florida, delivered a verdict in favor of the Defendant, People’s Trust Insurance Company on 16th April 2025.
The central issue before the jury was whether the Plaintiff, Osmel Rodriguez, had proven by the greater weight of the evidence that a windstorm on May 25, 2020, caused an opening in his home, allowing rain to enter and damage the property. As a result, the jury found that Rodriguez was not entitled to any insurance payment under his homeowner’s policy. They did not move on to decide the number of damages, as the first answer determined the outcome.