News & Events

Michael Bonfanti, partner, and Nicholas Monk, associate from the Tallahassee office recently obtained a defense verdict on behalf of Citizens Property Insurance Corporation. This case was a total denial of claimed roof damage and interior damage resulting from the entry of water through a peril created opening. The lawsuit was the culmination of nearly two years of litigation. On behalf of Citizens, evidence was presented through expert testimony to support the affirmative defenses of wear and tear, no peril created opening and faulty design and construction of the roof. Through diligent research, a composite of aerial photographs of the insured property were obtained which demonstrated the years long issue with the roof. This composite included clear images of a tarp being used directly over the area of water intrusion prior to the Plaintiffs purchasing the home, and subsequent use of the tarp shortly after purchase. The jury deliberated for under two hours and found that Citizens had demonstrated sufficient evidence to support the affirmative defenses and awarded no damages as a result. Citizens will now seek to collect attorney’s fees and costs from a rejected Proposal for Settlement that was served a year prior to the trial.