On February 9, 2023, MMP&S trial team of Michael J. Lynott and Ian Alperstein obtained a jury defense verdict for Citizens Insurance Company in Broward County Circuit Court. The claim was for Hurricane Irma which allegedly caused water damage to plaintiff’s home requiring a new roof and interior repairs. The defense of the case was predicated on showing that the roof was worn, torn and deteriorated and there were no signs of wind storm damage despite plaintiff’s expert’s testimony, which was neutralized on cross examination. Thus, the claim was not covered since wear and tear and deterioration were specifically excluded under the policy. After deliberating for less than an hour, the jury returned a complete defense verdict finding that Citizens did not breach its contract with the plaintiff for denying the claim.
Practice Area: First-Party Property