Jury Awards $60K in Florida Home Insurance Dispute
Table of Contents
Homeowner’s Coverage: Setting the Scene
Sophie Louise Monique Baillet resided in North Miami, Florida, and held a homeowners insurance policy issued by Homeowners Choice Property & Casualty Insurance Company, Inc. The policy covered her residence at 2250 Arch Creek Drive. It provided protection for the dwelling, other structures, personal property, and loss of use. The policy was in full force at the time of the incident, and the insurance company operated lawfully within Florida, maintaining agents in Miami-Dade County.
The Dispute: What Triggered the Lawsuit
On August 28, 2018, strong winds reportedly caused a roof leak in Baillet’s home. She promptly notified her insurance provider and filed a claim under her active policy. According to the complaint, she fulfilled all conditions required for coverage. However, she alleged the insurance company either failed to pay or significantly underpaid the claim. This disagreement over the handling and valuation of the damage triggered the legal action.
The Impact: Property Damage and Legal Action
The storm caused water intrusion that damaged Baillet’s property. She claimed this event led to significant loss and damage within the home. Because she allegedly received insufficient compensation or none at all, she sought legal representation to pursue recovery. The dispute forced her to take legal action to obtain full payment under the policy and address ongoing financial consequences.
The Losses: Financial and Legal Consequences
Baillet sought compensatory damages for unpaid or underpaid benefits. She also demanded prejudgment interest, court costs, and attorney’s fees under Florida Statutes §§ 627.428 and 626.9373. The complaint emphasized ongoing financial hardship due to the denied or reduced payout. She claimed that the insurer’s breach caused continuous and compounding damage.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Sophie Louise Monique Baillet
Counsel for Plaintiff: Sol G. Velasquez | Adry Polo | Jasiel Tabares | Melissa A. Giasi
Expert Witness for Plaintiff: Grant W. Renne
Defendant: Homeowners Choice Property & Casualty Insurance Co.
Counsel for Defendant: Andrea Newport-Jones | E’leese D. Manrique | Francella Guido | Antonio Pena, Jr.
Expert Witness for Plaintiff: Loren Pittack | Dana D. Race
The Allegations: Breach of Contract and Legal Relief
The Plaintiff accused Homeowners Choice Property & Casualty Insurance Company of breaching the insurance contract by failing to pay the full value of the valid claim. The complaint included a single count of breach of contract and requested a jury trial. Baillet demanded all relief permitted under Florida law, including damages, costs, and legal fees.
Defense
Homeowners Choice Property & Casualty Insurance Company, Inc. denied the allegations in Sophie Louise Monique Baillet’s complaint, asserting that the claimed damages were either not covered or excluded under the insurance policy. The insurer admitted issuing the policy and acknowledged its active status during the alleged loss period but denied liability for the wind-related roof damage. The Defendant claimed that the Plaintiff failed to comply with policy conditions, including removing kitchen cabinets before inspection and failing to provide a sworn proof of loss, which they argued caused prejudice to their ability to investigate the claim.
The Defendant raised multiple affirmative defenses, citing exclusions in the policy for damage from rain unless preceded by storm-created openings, and for losses due to wear and tear, deterioration, or faulty construction. They also emphasized the Plaintiff’s failure to follow post-loss obligations, such as showing damaged property and submitting required documentation. These lapses, according to the defense, barred or limited any potential recovery under the policy.
Jury Verdict
On June 4, 2025, the jury returned a verdict in favor of the Plaintiff, Sophie Louise Monique Baillet, awarding her $60,853.50 in damages. The jury found that Homeowners Choice Property & Casualty Insurance Company, Inc. breached its obligations under the homeowner’s insurance policy by failing to adequately compensate the Plaintiff for wind-related roof damage sustained in August 2018.