Miami Homeowners Win $50K Verdict Against Insurer

Case Background

This lawsuit, filed in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, arose from a dispute between homeowners and their insurer, Citizens Property Insurance Corporation. Plaintiffs Rosanna and Randy Weber, the owners of property located at 1132 Placetas Ave, Miami, Florida, had filed a claim with Citizens after their home sustained damage from a windstorm. The claim stemmed from an incident that occurred on or about November 8, 2020. The Webers believed the damage was covered by their existing property insurance policy, which Citizens had issued. When the insurer failed to pay the full amount the Plaintiffs sought, or failed to pay it promptly, the homeowners filed suit alleging that Citizens had breached its contract. The case, therefore, focused on determining if the windstorm had caused the damage and, if so, the true cost of the necessary repairs.

Cause

The primary cause of the action was the Defendant's Breach of Contract. The Plaintiffs contended that a valid insurance policy existed between the parties, and the policy specifically covered losses resulting from windstorms. Following the November 2020 weather event, the Webers had submitted a claim, but Citizens had either improperly denied the claim, undervalued the loss, or failed to pay the required amount in a timely manner. This refusal or failure to pay the covered damages constituted a direct violation of the policy's terms, forcing the Webers to sue to enforce the insurance contract.

Injury

The core injury claimed by the Plaintiffs was the unrepaired property damage and subsequent financial loss. The Webers asserted that the windstorm had physically damaged their property. Because Citizens failed to uphold its contractual obligation by covering the full cost of the loss, the homeowners had suffered damages. They experienced the financi