Miami Homeowners Win $50K Verdict Against Insurer
Table of Contents
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 financial injury of bearing repair costs they believed the insurer should have paid and the emotional injury of protracted litigation. Additionally, the Plaintiffs claimed injury under Florida Statute § 627.428, which allows policyholders to recover attorney's fees when they successfully win a judgment against their insurer.
Damages Sought
The Plaintiffs sought several forms of relief. First, they demanded judgment against Citizens for the full number of damages that would compensate them for the physical loss to their property. The initial complaint stated the damages exceeded thirty thousand dollars ($30,000.00), exclusive of fees and costs, indicating a significant repair bill. Second, they sought interest on the unpaid amount from the date the damages had occurred, penalizing the insurer for the delay in payment. Finally, and significantly in Florida insurance litigation, they demanded attorney's fees and costs incurred in pursuing the lawsuit, as the policy forced them to retain counsel to obtain the benefits, they believed they were owed.
Key Arguments and Proceedings
The lawsuit, filed in June 2021, quickly moved to discovery as both sides prepared to argue the factual and contractual issues at the heart of the claim. The core proceedings centered on expert testimony regarding the source of the damage, the scope of the necessary repairs, and the actual cost to return the property to its pre-loss condition.
Legal Representation
Plaintiff(s): Rosanna Weber | Randy Weber
· Counsel for Plaintiff(s): Anika G. Milian | Quintana Brittany L | Brian C Costa | Miguel R Lara
· Experts for Plaintiff(s): Roy Bodman | Stephen Lippy | Alex Novo | David S. Nolan | Peter Vargas
Defendant(s): Citizens Property Insurance Corporation
· Counsel for Defendant(s): Muhammad Ahmed | Jacqueline L. Figueroa | Michelle Diverio
· Experts for Defendant(s): Steven Teebagy | Asher Cohen
Key Arguments or Remarks by Counsel
The trial saw a clash of evidence regarding both the timing and the nature of the damage.
Claims
The Webers' attorneys successfully argued that their clients’ property had sustained damage directly caused by the windstorm on November 8, 2020. The claims focused on proving that the damage was a sudden and accidental event covered by the policy, and that the total loss value exceeded the amount the insurance company had either offered or paid. The legal team had to establish that the homeowner had fulfilled all their obligations under the policy before filing suit, such as giving timely notice of the claim.
Defense
Citizens Property Insurance Corporation denied all key allegations in their Answer and asserted several Affirmative Defenses. The insurer challenged that the loss was covered under the policy, asserting that the damage may not have been caused by a windstorm at all.
Wear and Tear Exclusions: Citizens specifically argued that the damage resulted from long-term issues like wear, tear, marring, chipping, scratches, dents, and deterioration, which the policy expressly excluded from coverage. This defense shifted the focus from the windstorm to the property’s existing condition, suggesting that maintenance issues, not a sudden event, caused the need for repairs.
Policy Conditions: Citizens also argued that the Plaintiffs had failed to comply with certain policy conditions, potentially relating to the inspection or documentation of the claim, which would have legally barred them from recovering damages.
Jury Verdict
On November 6, 2024, the jury returned a verdict in favor of the Plaintiffs, Rosanna and Randy Weber. The jury found that the total amount of covered damages owed by Citizens Property Insurance Corporation was: $50,000.00. This decision confirmed that the jury believed the Webers' evidence of loss, compelling Citizens to pay the $50,000.00 plus any applicable interest and to cover the Webers' substantial legal fees incurred during the three-year litigation. The outcome proved a definitive victory for the homeowners.