Fort Myers Attorneys Obtain Defense Verdict in Hurricane Irma Case

Posted in Verdicts and Settlements on March 11, 2022

Cris Casal, managing partner in the Fort Myers office obtained a defense verdict on behalf of First Protective Insurance Company in a three-day jury trial in Lee County, Florida.  The Court previously granted Frontline’s partial summary judgment finding Plaintiffs breached the policy of insurance by their failure to promptly report the claim.  

Plaintiffs were insured homeowners who claimed the exterior and interior of their property sustained damage as a result of Hurricane Irma.  In addition to interior damages, Plaintiffs were seeking a full roof replacement citing that more than 25% of the roof was damaged from that one time wind event.  Plaintiffs alleged that, despite the failure to promptly report their claim, First Protective Insurance Company breached the policy of insurance through their coverage denial.  The jury entered a verdict in favor of the defense after 15 minutes of deliberation.  Defendant filed a Proposal for Settlement that was allowed to lapse.  Defendant will now be entitled to pursue recovery of attorney’s fees and costs via the filing of a post-trial motion.