This case arose out of a property insurance claim, in which the Plaintiff claimed that the roof of his property was damaged as a result of a windstorm that occurred on either July 19, 2021, February 7, 2020, or July 7, 2021. Plaintiff initially reported the claim with a date of loss of July 19, 2021. After retaining a public adjuster (PA), the PA changed the date of loss to February 7, 2020. Then, during his deposition, Plaintiff testified that he believed the correct date of loss was July 7, 2021. The claim had been denied because there was no storm created damage to the roof and no peril created opening which allowed water to enter the interior of the property. The court granted Defendant’s Motion for Summary Judgment in part as to there being no peril created opening, but found a question of fact as to whether there was storm damage to the roof. The parties proceeded to trial on December 8, 2023.
Plaintiff’s last demand before trial was for $90,000 global. On the morning of the first day of trial, the parties settled for nominal amount, as the jury was in the process of being convened from the jury assembly room. The case had been in litigation for 21 months at the time of trial/settlement and had been through considerable discovery, including depositions of both parties and their respective experts.
