Miami Senior Associate Cristina Sevilla successfully secured a final summary judgment in a first-party property matter styled Maria Calvo and Rem Manuel Calvo v. Citizens Property Insurance Corporation. Plaintiffs made a claim with Citizens, their homeowner’s insurance carrier, for damage to their property as a result of a failed cast iron plumbing system. Prior to Citizens inspection of the residence, the failed plumbing system was replaced and the damaged property was removed and discarded. Citizens requested a recorded statement and supporting documents in order to evaluate the claim, but its requests were ignored. As a result, Citizens was prejudiced in its ability to investigate the claim and arrive at a coverage decision. Subsequently, Plaintiffs filed suit alleging Citizens breached the insurance policy by not providing coverage for the loss. Ms. Sevilla moved for final summary judgment with regard to Plaintiffs non-compliance with the policy’s post-loss obligations. Ultimately, the trial court granted summary judgment in favor of Citizens on the grounds that Plaintiffs failed to comply with the pre-suit requirements of the policy that they, among other things, show the damaged property, provide requested documentation, and submit to a recorded statement. Ms. Sevilla is now pursuing a claim for attorney’s fees and costs pursuant to a proposal for settlement. Read more