Ian Alperstein and Isha Kumar of MMP&S’s Boca Raton, Florida office obtained a defense verdict for Citizens Property Insurance Corporation in the Circuit Court of Broward County, Florida.  The plaintiffs alleged that Citizens breached its insurance contract by denying a claim for windstorm damage stemming from Tropical Storm Eta.  Our defense was that there was no evidence of windstorm damage or any wind-created openings, which are necessary to trigger coverage under the terms of the insurance policy.  Our position was the damage was solely the result of age-related deterioration, which was excluded under the policy.  After deliberating for just more than one hour, the jury found that the plaintiffs failed to meet their burden of proof to show that the property sustained any windstorm damage on the date of loss.

Practice Area: First-Party Property