Verdicts by Attorney: Espino, Otto N.

Espino, Otto N.; Hall, Karma L.

Greenberg Stone & Urbano

Defense Verdict

On September 17, 2024, Miami Partners Otto Espino and Karma Hall obtained a defense verdict in a First-Party Property matter styled Jesus Guerra v. Defendant Insurance Company. The plaintiff filed suit against defendant alleging breach of contract in failing to pay benefits for a Hurricane Irma claim. 

Plaintiff alleged he suffered roof damages and ensuing rain water leaks at his home as a result of the hurricane on Sept. 10, 2017. However, the first notice of the claim was provided to Defendant on Mar. 20, 2019, about 18 months later. During Defendant’ s inspection, the water damages inside the home were significant and advanced. However, the roof inspection did not find any wind-related damages. Defendant contended plaintiff let the damages worsen since the date of loss and had failed to properly protect the property from continued water damages. Prejudice from the failure to protect the property and mitigate damages was Defendant’s first affirmative defense.

At trial, the defense presented testimony from Ryon Plancer, P.E. while plaintiff presented testimony from Chris Thompson, P.E. The experts agreed as to the general weather conditions related to the storm. Both agreed the continued rain water intrusions would worsen damages.

The experts disputed whether there were any storm damages. At the close of the defendant’s case, the Court entered a partial directed verdict finding that notice was deemed late as a matter of law. The Court instructed the jury that they were only to consider whether plaintiff had removed defendant’s presumed prejudice from this late notice. The jury deliberated for one hour before returning a defense verdict on the issue of prejudice. Post trial motions are pending. The defense is entitled to prevailing party costs and will be seeking recovery of attorney fees based on a proposal for settlement. Read More.

Espino, Otto N; Sevilla, Cristina A.

Martin & Randolph PLLC (Sonya P. Randolph)

Defense Verdict

 

On August 18, 2023, after a three-day jury trial, Miami Partners Otto Espino, Esq., and Cristina Sevilla, Esq., obtained a full defense verdict in matter styled Jose Martinez v. Defendant Insurance Company. The lawsuit was based on a denied claim and arose due to an alleged water leak sustained by the Defendant’s Insured (Jose Martinez) to a hallway bathroom where he alleged the drain line had failed. The Insured gutted the bathroom prior to the carrier’s field inspection. The Insured also alleged the same drain line failure caused a backup in the adjoining kitchen, damaging his kitchen cabinets.

 

Defendant contended they were prejudiced by the Insured’s failure to provide the property for inspection before gutting the run and trenching the floor to remove the case iron drain lines. Defendant also defended the denial by arguing cause of loss was excluded per the constant and repeated seepage provision in its policy. This exclusion was based on the remaining building materials that were not removed from the hallway bathroom (i.e. wall studs) and based on the condition of the adjoining kitchen.

 

At trial, Defendant presented the evidence gathered during both its field inspection and engineering inspection. Mr. Espino successfully argued the condition of the bathroom was sufficient to determine the policy’s exclusion for constant and repeated was the actual cause of the Insured’s claim, and not the alleged failed drain line. The jury’s verdict found the exclusion had been properly enforced and there was no breach of contract. The verdict did not reach the question of any post-loss violations, avoiding any appellate issues related to those portions of the trial. After an hour of deliberation, the jury fully agreed and entered a full defense verdict. Read More.

Espino, Otto N., Kaplan, Jonah D.,

Rosenfeld & Nitch, PA (Nicole Rosenfeld and Heather Nitch),  Pita, Weber, Del Prado (Randy Weber),  Quintana Law, PA, (Brittany Quintana Marti)

Defense Verdict

Alleged Water Leak, Broward County , Defense Verdict, Rosenfeld & Nitch, PA, Pita, Weber, Del Prado, Quintana Law, PA

After a three (3) day jury trial, on December 15, 2022, Otto Espino and Jonah Kaplan obtained a full defense verdict on behalf of Universal Property and Casualty for a covered claim in a First-Party Property matter styled Laura Arroyo v. Universal Property & Casualty Ins. Co.

The lawsuit arose, due to a an alleged water leak sustained by Universal’s Insured (Laura Arroy) to a hallway bathroom that allegedly damaged laminate flooring in the bathroom, hallway and the adjoining bedrooms. After receipt of the claim, Universal adjusted the claim and extended coverage. Prior to the lawsuit, Universal paid Plaintiff for Coverage A Dwelling in the gross amount of $16,168.73. During the pre-suit claim adjustment period, Plaintiff provided a Sworn Proof of Loss (“SPOL’) indicating a demand of $67,665.08. At trial, Plaintiff presented another estimate for a reduced amount. The Plaintiff relied upon this contractor as her damage expert.

The evidence was presented that Universal complied with the Policy payment conditions by issuing payment for the full amount of damages. Mr. Espino successfully argued that the Insured/Plaintiff was not entitled to any further compensation under the Policy. After two hours of deliberations, the jury fully agreed and entered a full defense verdict.  Read More.