Case Background: Coverage in Place at the Time of Loss

The Plaintiffs, residents of Miami-Dade County, Florida, held a homeowner’s insurance policy issued by a Florida-based insurance company. They paid premiums in exchange for coverage against losses to their property, located at 16433 SW 95th Street, Miami, FL 33196. The contract was executed in Miami-Dade County, and all relevant events took place there.

Cause: Delayed Response and Policy Noncompliance

On May 24, 2020, strong winds and rain damaged the Insureds’ property while the policy remained active. They reported the loss to the insurance company on November 13, 2020. The insurer acknowledged the claim, assigned a claim number, and dispatched an adjuster. However, more than three months passed without any decision or payment. The insurance company failed to acknowledge or deny coverage, effectively refusing to address the claim. The Insureds alleged this inaction constituted a material breach of the policy.

Injury: Continued Financial Harm and Incomplete Repairs

The Insureds took steps to mitigate further property damage. They made reasonable and necessary repairs, maintained expense records, and complied with all post-loss obligations under the policy. Desp