9/21/11 – Gilbert & Dalia Sanchez v. Citizens Property Ins. Corp. – In the 11th Judicial Circuit in and for Miami-Dade County, Florida; Case No: 10-40559 CA 13 (Judge Pedro Echarte, Jr.)

Gilbert & Dalia Sanchez/Plaintiffs sued Citizens alleging breach of the insurance contract seeking unpaid dwelling damage, specifically full roof replacement, in excess of $60,000 allegedly resulting from Hurricane Wilma on October 24, 2005.  The Plaintiffs' first notice of the claim/loss to Citizens was August 13, 2009, almost four (4) years after the date of the loss.  Citizens asserted its investigation was prejudiced by Plaintiffs' late reporting of the claim, and under Florida law was given a rebuttable presumption of prejudice.  Citizens further asserted Plaintiffs failed to comply with conditions precedent to filing their lawsuit, i.e. submitting records of repair expenditures requested by Citizens pre-suit; and Plaintiffs failed to comply with post-loss conditions, e.g. reasonable and necessary repairs to protect the property from further damage and keep an accurate record of repair expenditures.

After three (3) days of trial the jury returned a verdict in favor of Citizens finding Plaintiffs breached the policy by failing to comply with conditions precedent to filing their lawsuit.

Gil Barreto of BMS was lead counsel. He was assisted by Jonathan Tobin.