Homeowner Wins Miami Insurance Coverage Verdict
Table of Contents
Case Background
Clotaire Borgella initiated this lawsuit on April 29, 2021, in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. The case involved a dispute over a homeowners’ insurance policy issued by Universal Property and Casualty Insurance Company (UPCIC). The homeowner, Mr. Borgella, claimed that his property, located at 14750 S Spur Drive, Miami, sustained a direct physical loss sometime during the policy period, which ran from November 12, 2019, to November 12, 2020. After Mr. Borgella filed a claim, UPCIC either denied coverage or refused to pay the full cost of the loss. The dispute primarily centered on whether the damage was covered under the policy and whether the homeowner had complied with his post-loss obligations. The case went to trial because the parties could not agree on the insurer’s responsibility to pay for the claimed damage.
Cause
The action began as a Petition for Declaratory Relief and a claim for Breach of Contract. The Petition sought a Court order defining the rights of the homeowner under the insurance policy. The underlying cause was UPCIC’s failure to recognize or fully compensate for the damage. Mr. Borgella asserted that a covered physical loss had occurred during the policy period, meaning UPCIC breached the contract by denying the claim and causing the homeowner financial injury.
Injury
The primary injury claimed was the uncovered physical damage to the insured property and the resulting financial burden placed on Mr. Borgella. Because the insurer refused to pay for the repairs, the homeowner sustained a financial loss equivalent to the cost of restoring the propert
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