Pascuzzi, David J.

Natsha Floyd, Property Litigation Group, PLLC

Summary Judgment

Boca Raton Partner, David J. Pascuzzi, Esq., obtained summary judgment on a named peril policy Ian claim denied for no wind damage/no peril created opening in matter styled Ernesto Perez v. Defendant Insurance Company.  Plaintiff alleged a breach of a property insurance policy based on the denial of a Hurricane Ian claim for no wind damage to the flat roof of the home.  At his deposition, the insured admitted that before Ian, he had water damage to a closet ceiling that he did not repair but repaired bubbles that had formed on the flat roof.  He reported the claim because there were new bubbles.  Insurer moved for summary judgment arguing there was no evidence supporting any wind damage and that the claimed interior damage existed before Hurricane Ian.  The insured submitted an engineer report adopted by affidavit indicating that the roof had sustained Hurricane Ian damage that caused a leak and interior water damage.  The insurer moved to strike the affidavit and report as conclusory, barred by Daubert and based on improper stacking of inferences.  The Court agreed striking the affidavit and entering summary judgment in favor of the insurer.