Jury Rules for Insurer in Florida Windstorm Damage Dispute
Table of Contents
Case Background
This insurance dispute arose from a windstorm damage claim filed in Miami-Dade County, Florida. Plaintiffs Jasmine Villaflor and Margarita Hijosa owned a residential property at 5920 SW 157th Place, Miami, Florida. They maintained a dwelling fire insurance policy with People's Trust Insurance Company, with coverage effective from August 13, 2022, through August 13, 2023. The policy provided Coverage A (Dwelling) at $432,240, Coverage C (Personal Property) at $43,224, and Coverage D (Loss of Use) at $43,224.
Cause
On September 28, 2022, a windstorm struck the insured property and caused physical damage to both the exterior and interior of the home. The Plaintiffs claimed the storm damaged their roof, requiring full replacement of concrete tile roofing, along with interior damage to multiple rooms including the master bedroom, a second bedroom, bathroom, and garage. The damage included issues with drywall, insulation, and related structural components.
Injury
The Plaintiffs suffered property damage to their dwelling. According to an estimate prepared by their public adjuster, Surplus Services Inc., the damage assessment totaled $100,731.52 at replacement cost value. The estimate included roof replacement costs of approximately $78,367, interior repairs totaling around $19,538, and additional job conditions and labor costs.
Damages Sought
The Plaintiffs sought damages exceeding $50,000, exclusive of costs. After accounting for the policy's hurricane deductible of $12,967, the net claim presented by their public adjuster came to $87,764.52. The Plaintiffs also requested pre-judgment interest, costs, and attorney's fees under Florida Statutes Sections 627.428, 627.70152, and 626.9373.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Jasmine Villaflor | Margarita Hijosa
· Counsel for Plaintiffs: David M. Fraguio | Matthew A Barket | Victor A. Ruiz
· Experts for Plaintiffs: Eric Jimenez | Xavier Molina | Pely A. Perez
Defendant: People's Trust Insurance Company
· Counsel for Defendant: Michael Greenberg | George A Hooker | Daniel J Maher
· Experts for Defendant: Joe Hernandez
Claims
The Plaintiffs brought a single count of breach of contract against People's Trust Insurance Company. They alleged that the insurance company denied their claim despite the windstorm damage falling within the covered perils under their policy. The Plaintiffs maintained they complied with all conditions precedent, including timely premium payments and proper claim notification through their public adjuster. They argued the Defendant's refusal to pay the full claim amount violated the insurance contract terms.
Defense
People's Trust Insurance Company raised fourteen affirmative defenses. The insurer's primary defense centered on late reporting. The company pointed out that while the alleged loss occurred on September 28, 2022, the Plaintiffs did not report it until October 6, 2023, more than one year later. The Defendant argued this delay violated the policy's prompt notice requirement and caused prejudice to the insurer. Additional defenses included claims that damage resulted from neglect, wear and tear, existing conditions, or constant water seepage rather than covered windstorm damage. The insurer also asserted that any interior damage from rain was only covered if wind first created an opening in the roof or wall, and invoked policy exclusions and limitations.
Expert Testimony
The Plaintiffs' public adjuster Eric Jimenez from Surplus Services Inc. prepared a detailed damage estimate using Xactimate pricing software with October 2023 Miami pricing data. His assessment documented roof damage requiring complete tile replacement, including removal of existing concrete S-tile roofing, installation of new ice and water barrier, 30-pound roofing felt, and new concrete tile. The estimate also covered interior repairs across four rooms, including drywall replacement, insulation work, painting, and fixture resetting. The total replacement cost value reached $100,731.52, with the net claim after the $12,967 deductible standing at $87,764.52.
Jury Verdict
The jury returned its verdict on July 29, 2025, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. On the threshold question of whether the Plaintiffs proved by a greater weight of the evidence that windstorm damage occurred to their home during the policy period of August 13, 2022, to August 13, 2023, the jury answered "No." Because the jury found the Plaintiffs failed to establish covered windstorm damage, the verdict went to the Defendant People's Trust Insurance Company. The jury did not proceed to determine damages, as instructed by the verdict form. The foreperson signed the verdict on the 29th day of July 2025.
Court Documents