Jury Sides with Insurer in Florida Storm Damage Lawsuit
Table of Contents
Setting the Scene
On November 9, 2020, Tropical Storm Eta hit South Florida. Richard and Annette Cortes owned a home in Pinecrest that sustained both interior and exterior damage. They were covered under a homeowners insurance policy issued by Citizens Property Insurance Corporation. After the storm, they promptly reported the damage. Citizens assigned a claim number and sent a field adjuster to inspect the property.
Where Things Broke Down
The Corteses stated that Citizens did not fully investigate the loss. While a field adjuster inspected the home, no expert was assigned to assess the scope or cause of the damage. Citizens later declined coverage. The plaintiffs argued this denial violated the terms of their insurance policy.
The Fallout
As a result of the denial, the Corteses faced significant financial strain. They claimed the lack of insurance proceeds prevented them from repairing their home. The situation forced them to hire legal representation, adding further emotional and financial stress.
What They’re Seeking
The plaintiffs asked for damages over $30,000, not including interest, legal costs, or attorney’s fees. They also requested pre-judgment interest and attorney’s fees under Florida Statutes § 627.428. The claim centered on financial losses and legal expenses caused by Citizens’ alleged breach.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Richard Cortes
Counsel for Plaintiff: Sandra E. Bahmonde | Terry L. Watson
Expert Witness for Plaintiff: Christopher Thompson
Defendant: Citizens Property Insurance Corporation
Counsel for Defendant: Brandon G. Waas
Legal Action
The Corteses brought a single breach of contract claim. They argued Citizens failed to pay for storm-related damages covered by their policy. They asked the court to confirm that the claim falls under the policy, recognize the breach, award damages, and grant legal fees and other appropriate relief.
Defense
Citizens Property Insurance Corporation denied liability for the Plaintiffs’ claim. It admitted issuing a policy covering the property located at 7700 SW 115th Street, Pinecrest, Florida, and acknowledged receiving notice of the loss and inspecting the home. However, it denied that the policy covered the reported damage. Citizens stated that no covered peril had created an opening in the roof or walls that would have allowed rain to enter, an essential requirement for coverage under the policy terms.
Citizens also asserted an affirmative defense, claiming the policy excluded coverage for interior water damage unless a covered event first caused physical openings to the structure. During the May 24, 2021 inspection, it found no such openings. Based on this finding, Citizens concluded that the claim was excluded from coverage and denied it. The company requested the court to enter judgment in its favor and reject the Plaintiffs’ demands.
Jury Verdict
On December 11, 2024, the jury returned a verdict in favor of the Defendant, Citizens Property Insurance Corporation. The jury found that Citizens did not breach the insurance policy and was not liable for the plaintiffs’ claimed damages. As a result, the court entered judgment for the Defendant.