INSURANCE – MIAMI-DADE CIRCUIT COURT
Homeowners’ Water Damage Claim Rejected Over Covered Peril
A judge rejected three homeowners who claimed their insurer improperly denied a property-damage claim. In 2015, Sandra Gonzalez, Yean Gonzalez and Jose Perez claimed their Miami home in Miami sustained water damage from a roof leak and filed a claim with their carrier, Citizens Property Insurance Corp., to cover the water damage. Citizens Property denied the claim, and the plaintiffs sued for breach of contract. After plaintiff’s counsel rested its case, the defense moved for a directed verdict. The defense argued the plaintiffs failed to meet their burden to establish a covered peril caused an opening in the roof or wall and rain entered through that opening. Judge Spencer Eig granted the defense motion.
Case: Gonzalez v. Citizens Property insurance
Case No.: 2016-000304-CA-01
Plaintiff’s attorneys: Dennis Gonzalez Jr. and Manuel Herrera, Gonzalez & Herrera, Miami; and Raphael A. Sanchez, The Law Office of Raphael A. Sanchez, Miami
Defense attorneys: Lindsey R. Halligan, Fort Lauderdale, and George Hooker, Miami, Cole, Scott & Kissane