Polk County Jury Returns Defense Verdict in Hurricane Property Damage Claim

CSK Defense Team
Orlando Partners Jennifer Ngoie and Scott Shelton

Case Summary
This case involved a property insurance dispute arising from Hurricane Ian, which made landfall in Florida in September 2022. The Plaintiff alleged that the storm damaged the roof of a residential property, allowing water to enter and cause interior damage. The Plaintiff sought approximately $76,000 for a full roof replacement and interior repairs. The Defendant, an insurance company, disputed the claim, including whether the alleged damage resulted from a covered event and whether the loss was timely and properly reported.

Defense Strategy
The CSK Defense Team focused on challenging both causation and credibility. The defense presented evidence that the roof did not exhibit damage consistent with hurricane-force winds. The Team also highlighted inconsistencies in the Plaintiff’s statements regarding when the damage was discovered and reported. These inconsistencies conflicted with expert findings and raised questions about whether the alleged loss occurred during the policy period. By emphasizing the lack of supporting physical evidence and discrepancies in the reported timeline, the defense argued that the Plaintiff failed to meet the burden of proving a covered loss.

Outcome
After less than 30 minutes of deliberation, the jury returned a verdict in favor of the Defendant. The jury found that the Plaintiff failed to prove that a covered event caused roof damage resulting in water intrusion during the policy period. The verdict underscores the importance of credible testimony, consistent reporting, and clear evidence establishing a connection between alleged property damage and a covered peril.