Case:
Christley Sylien and Darvin Bathellemy v. Defendant Insurance Company
Practice Area:
Attorney(s) :
Plaintiff Counsel:
HL Law Group, P.A.
Result:
Summary Judgment
Summary:
Boca Junior Partner, David Pascuzzi, obtained summary judgment on a Hurricane Ian claim denied for late reporting but also defended for no wind damage/no peril created opening. Plaintiff alleged a breach of a homeowners’ property insurance policy based on the denial of the Hurricane Ian claim seeking damages for claimed roof replacement and interior water damage. As confirmed by the deposition of the insureds, the first discovery of damage was an active leak above the first floor sliding glass door over 14 months after the storm. The Insurer moved for summary judgment arguing there was no evidence showing that any of the claimed damages were caused by Hurricane Ian or from wind. The insured submitted an engineer report adopted by affidavit indicating that the roof had sustained Hurricane Ian damage that caused leaks and interior water damage. The insurer argued that the affidavit and report were conclusory and speculative and therefore insufficient under Daubert. Accordingly, Plaintiffs’ failed to meet their burden of proof. The Court agreed and entered summary judgment in favor of the insurer.
