Ibanez v. Citizens Prop. Ins. Corp., Case No. 09-05155 CA 32 (MIami Dade County) Plaintiff sued Citizens alleging breach of the insurance contract seeking unpaid damage for dwelling [including full roof replacement], contents, additional living expenses, other structures, debris removal, ordinance or law, and consequential damages in excess of $300,000 resulting from a fire on December 22-23, 2007. During the claims process, Citizens had acknowledged coverage for the loss and paid the Plaintiff in the amount of $178,000.  Citizens asserted it properly and fully indemnified Plaintiff for her damage.

Citizens was represented by BMS attorneys Gil Barreto and Scott Janowitz.

After three days of trial, Citizens proved that the Plaintiff, via her public adjuster, had reached an agreement on contents back in March 2008, and that Citizens paid its limits under the additional living expense coverage.  As a result, Plaintiff withdrew these claims along with her claims for other structures, and ordinance or law leaving the dwelling damages to be considered by the jury.  After five (5) days of trial the jury returned a verdict in favor of Citizens finding it had not breached the policy.