Verdicts by Attorney: Sevilla, Cristina A.

Perez, Anthony; Sevilla, Cristina A.

Carlos Santiesteban, P.A.

Dismissal with Prejudice

FPP Managing Partner Anthony Perez and Junior Partner Cristina Sevilla secured a dismissal with prejudice in the matter styled Juana Navarro v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for her claim for damage to her property resulting from a roof leak. Defendant maintained its position on the denial of coverage based on the policy’s exclusion for existing damage, as Defendant had previously issued payment to Plaintiff for the replacement of the roof. While Plaintiff alleged that she had replaced the roof with the payment received from Defendant pursuant to her prior claim, Defendant asserted that Plaintiff had not replaced the roof and was attempting to mislead Defendant in an attempt to secure a second payment from Defendant for the same roof. Following Defendant’s discovery that Plaintiff had submitted a fake invoice for the replacement of the roof, Plaintiff dismissed the case with prejudice.  

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.

Perez, Anthony; Sevilla, Cristina A.

Mineo Salcedo Law Firm 

Final Summary Judgment 

Miami Senior Partner Anthony Perez and Junior Partner Cristina Sevilla secured final summary judgment in the matter styled Mercedes Mejia et al v. Defendant Insurance Company. Plaintiffs filed suit alleging that Defendant breached the insurance contract by denying coverage for their claim for damage to their property resulting from Tropical Storm Eta.  As Plaintiffs reported their claim 1 ½ years after Tropical Storm Eta, and made repairs to the roof and interior of their property prior to reporting the claim, Defendant filed its Motion for Final Summary Judgment, arguing that Plaintiffs had failed to comply with the policy’s duties after loss, failed to provide prompt notice of the loss, and prejudiced Defendant’s investigation of the loss. Defendant’s Motion was granted, as the Court found that Defendant was entitled to a presumption of prejudice, and that Plaintiffs failed to rebut that prejudice, as the Affidavit of Guillermo Salinas on which Plaintiffs relied was conclusory, unsupported, and insufficient. Final Summary Judgment was entered in favor of Defendant. Read More.

Perez, Anthony; Sevilla, Cristina A.; Pryce, Brittany A.

Kandell, Kandell & Petrie  

Dismissal with Prejudice

Miami Senior Partner Anthony Perez, Junior Partner Cristina Sevilla, and Associate Brittany Pryce secured a dismissal with prejudice in the matter styled Mold Details Corporation a/a/o Michael Sapoznik v Defendant Insurance Company. Plaintiff filed its initial suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, contending that Plaintiff’s notice of intent to initiate litigation was premature and failed to comply with Florida Statute §627.7152. In advance of the hearing on Defendant’s motion, Plaintiff dismissed the case without prejudice. Two years later, after attempting to correct its defective notice of intent, Plaintiff filed this second lawsuit. Pursuant to §627.7152(10), Defendant sought to collect the attorneys’ fees and costs incurred defending the first lawsuit dismissed by Plaintiff. In lieu of reimbursing Defendant for those fees and costs, Plaintiff dismissed the matter with prejudice. Read More

Perez, Anthony; Sevilla, Cristina A.

Font & Nelson, PLLC  

Final Summary Judgment 

Miami Senior Partner Anthony Perez and Junior Partner Cristina Sevilla secured final summary judgment in the matter styled Father & Son Carpet Cleaning & Restoration LLC a/a/o Danay Cordova v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by not paying the full amount of its invoices relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion for Summary Judgment, maintaining the position that the services rendered by Plaintiff were subject to the policy’s sublimit applying to reasonable emergency measures, and that Defendant had fulfilled its obligations by exhausting that limit with its payment to Plaintiff. Defendant’s motion was granted, and Plaintiff reimbursed Defendant for the costs incurred defending this lawsuit.

Danny Laurent and Adolfo Gonzalez Rossell v. Citizens Property Insurance Corporation

Final Summary Judgment

Miami Junior Partner Cristina Sevilla was successful in securing final summary judgment in a first-party property matter styled Danny Laurent and Adolfo Gonzalez Rossell v. Citizens Property Insurance Corporation. Plaintiffs, represented by Marin, Eljaiek, Lopez & Martinez, P.L., made a claim against Defendant for loss to their property caused by a roof leak reported to have occurred on July 26, 2019. Following the denial of their claim, Plaintiffs filed suit against Defendant alleging it breached the policy of insurance by failing to provide coverage for the loss. After Plaintiffs’ deposition testimony revealed the claimed damages stemmed from a roof leak that occurred in June 2018, not July 26, 2019 as reported, Defendant moved for final summary judgment on the grounds that the loss occurred outside of the effective term of the policy. In response, Plaintiffs relied on the affidavit of professional engineer Grant Renne, who opined that the alleged property damage was the result of a storm event that occurred on July 26, 2019. The trial court granted summary judgment in favor of Defendant after finding that the opinions set forth in Mr. Renne’s affidavit were blatantly contradicted by the record and insufficient to create a genuine issue of material fact. Read more

Creative Investors Inc., Michael Faucher and Gisele Faucher v. Citizens Property Insurance Corporation

Final Summary Judgment

Miami Junior Partner Cristina Sevilla successfully secured final summary judgment in a first-party property matter styled Creative Investors Inc., Michael Faucher and Gisele Faucher v. Citizens Property Insurance Corporation. Plaintiffs, represented by Moises Gross, PLLC, alleged the insurance proceeds issued by Defendant were insufficient to repair the damage sustained to their property caused by vandalism. Prior to the filing of their lawsuit, Plaintiffs lost title to the insured property in a foreclosure action brought by the superior mortgagee. Discovery revealed Plaintiffs made only minimal repairs prior to losing the property and failed to maintain any records evidencing the repairs made or expenses incurred. Defendant moved for final summary judgment on the grounds that Plaintiffs were unable to prove damages beyond the payment issued by Defendant. Plaintiffs failed to submit any summary judgment evidence to overcome this argument and the trial court granted final summary judgment in favor of Defendant, finding that Plaintiffs’ claim for damages was factually unsupported. Read more

Final Summary Judgment

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

Daniel J. Santaniello, Cristina A. Sevilla

Defense Verdict: First-Party Property Slab Leak

On July 19, 2018, Managing Partner Dan Santaniello, Esq. and Miami Associate Cristina Sevilla, Esq. received a complete defense verdict in a first-party property matter styled German Chavez and Maria Del R Morales v. Citizens Property Insurance Corporation. Plaintiffs made a homeowner’s insurance claim alleging their property was damaged as a result of a hot water supply line leak beneath the floor slab. At trial, Plaintiffs offered the expert opinions of Grant Renne, P.E. who testified the water discharge caused tile debondment and foundational damage.  Plaintiffs’ loss consultant, Ricardo Tello, estimated the cost of repairs to be in excess of $90,000. While the parties stipulated that an accidental discharge of water beneath the floor slab did occur, Defendant maintained there was no direct physical loss to covered property as a result of the water discharge.   Read More