Verdicts by Attorney: Sevilla, Cristina A.

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.

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