CSK Defense Team
Miami Associate Elizabeth Keck
Miami Partner Robert Guinn
Case Summary
A homeowner filed a lawsuit against a Homeowners Insurance Company after the company denied a claim for long-term water damage. The Plaintiff alleged that the property suffered damage during the policy period, while the Defendant maintained that no covered loss occurred. After four years of litigation and multiple trial delays, the case finally went to trial.
Defense Strategy
The CSK Defense Team focused on proving that the alleged damage predated the policy and that no physical loss occurred during the coverage period. During trial, they successfully highlighted inconsistencies in the Plaintiff’s testimony, including admissions that photographs showing severe rot and decay looked the same before and after the alleged backup. The defense further revealed that the property’s condition had not changed since before the policy began. Additionally, the Plaintiff’s expert testimony was so deficient that cross-examination was deemed unnecessary.
Verdict
After a four-day trial, the jury deliberated for just over an hour and returned a verdict on the first question: the Plaintiff failed to prove that a loss occurred during the policy period. This complete defense verdict is significant because it reinforces a critical principle of insurance law—coverage applies only to losses that occur during the policy term, not to pre-existing conditions. By upholding this standard, the outcome protects insurers from unwarranted claims and ensures fairness for policyholders who comply with their obligations. It also demonstrates the effectiveness of a focused defense strategy in challenging unsupported allegations and unreliable expert testimony.
Special Thanks
Miami Paralegals Tammy Wolfe and Lisette Martinez
Miami Legal Assistant Jennifer Walters
Miami Partner Scott Cole
Tampa Partner Mark Tinker
Tampa Co-Managing Partner Aram Megerian
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