Miami Partner Robert Guinn and Ft. Lauderdale Partner Jose Campos obtained a complete defense verdict in a Tropical Storm Eta claim in Broward County.
The Plaintiff reported the claim to the carrier approximately 1 year after the storm. After a thorough investigation, the carrier denied coverage for the roof; however, provided coverage for the ensuing interior damages. This made the case rather difficult, as the Court ruled the Plaintiff had met his initial burden to show loss to the property during the policy period.
During trial, the Plaintiff admitted that he received roofing proposals well below the amount of the public adjuster estimate; however, still maintained the amounts in the public adjuster estimate were necessary to return the property to its pre-loss condition. The trial was made even more difficult when the Court denied Defendant’s ability to present fraud as a defense as well as other rulings that should have taken the interior out of the jury's hands.
During closing arguments, Robert and Jose presented arguments that the roof was not damaged due to the storm, and the widespread damage to the roof was the result of wear and tear and normal aging of the roof. They were also able to present evidence that the Plaintiff never provided any invoices or receipts to show that the carrier’s payment for interior damages was insufficient to return the property to pre-loss condition. After lengthy deliberations the jury returned a complete defense verdict, finding that we had met our burden to show the roof was damaged due to wear and tear, and that Plaintiff failed to meet its burden to show the carrier underpaid for the interior damages.
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