Case Background

In the summer of 2020, homeowners Liss and Adrian Olivares reported sudden water damage at their residence on SW 245th Street in Homestead, Florida. They claimed the damage resulted from a sudden plumbing failure. At the time of the incident, July 11, 2020, their homeowner’s policy with People’s Trust Insurance Company was active. The couple filed a claim, expecting the insurer to inspect the loss and issue payment.

However, on October 3, 2020, People’s Trust denied the claim. The insurer stated the loss either fell outside the scope of coverage or stemmed from pre-existing damage, not a covered peril. The denial led the Olivareses to file suit for breach of contract and sought a declaratory judgment to establish coverage. They alleged that the insurer had wrongfully denied their valid claim and failed to make payment as promised in their policy.

Over the next four years, the case moved through pleadings, depositions, and inspections until it went to trial in April 2025. On April 22, 2025, a Miami-Dade County jury returned its verdict.

The cause that led to the dispute

The heart of the dispute centred on whether wind had damaged the home’s roofing structure in a way that allowed water to enter during the policy period. The Olivareses claimed the water damage inside their home directly resulted from such an opening caused by wind, which triggered their coverage under the homeowner’s policy.

They argued that the loss was sudden and accidental, not the result of wear, tear, or neglect. Their legal team pointed to photographs, inspection reports, and repair estimates that suggested the damage had occurred suddenly and fell within the policy's bounds.

On the other hand, People’s Trust countered that no covered peril, such as windstorm or hail