Miami Jury Awards $84K in Home Insurance Dispute

Case Background

This case was filed in the Eleventh Judicial Circuit Court of Miami-Dade County, Florida, and dealt with insurance contract law.  The Plaintiffs, Arthur T. Somano and Enriqueta Somano, sued People's Trust Insurance Company, alleging breach of a homeowner's insurance contract and related obligations.  The key legal issue was the Defendant's rejection and failure to appropriately cover losses resulting from a qualified property damage occurrence under an active insurance policy.

Events Leading to the Dispute

The Plaintiffs owned residential property located at 16083 SW 63rd Terrace in Miami, Florida, which had been insured under a homeowner’s policy issued by People's Trust Insurance Company. On or about November 8, 2020, the property had sustained significant damage due to a covered peril. The Somano Plaintiffs had reported the loss to the insurance company on September 22, 2021. Upon notification, the insurer had initiated an investigation of the claim and had acknowledged the existence of the active policy at the time of the incident.

Despite the Plaintiffs’ full compliance with all post-loss obligations, including reporting, documentation, and cooperation during the inspection process, the insurance company had failed to make full and prompt payment. The Defendant had invoked its right to repair provisions under the policy but had then unreasonably delayed and obstructed the repair process. This had led to further deterioration of the home, increased costs, and frustration of the Plaintiffs’ rights