Dairon Montes de Oca, HL Law Group, P.A.

Summary Judgment

Boca Raton Junior Partner, David Pascuzzi obtained summary judgment on a storm claim denied for no wind damage/no peril created opening but also evidence of post-loss prejudicial repairs. Plaintiff alleged a breach of a homeowners property insurance policy based on the denial of the windstorm claim seeking damages for claimed flat roof replacement and interior water damage. As confirmed by deposition of the insureds, the claimed roof leaks were repaired before the claim reported causing prejudice to the insurer in verifying timing and cause.  Insurer moved for summary judgment arguing there was no evidence showing that any of the claimed damages were caused by the claimed storm. The insured submitted an engineer report adopted by affidavit indicating that the roof had sustained wind 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, and therefore Plaintiffs failed to meet their burden of proof, and alternatively, that the Insureds fail to rebut evidence of actual prejudice due to post-loss repairs. The Court agreed with the insurer’s arguments and entered summary judgment.