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ARTICLE ID 192320

$________ Insurance Obligation – Wrongful denial of property damage claim caused by Hurricane Wilma – Damage to residential roof – Interior water damage.

Miami-Dade County, FL

This direct action against the defendant insurance company involved damage caused by Hurricane Wilma in October of ________. The plaintiff alleged that the defendant wrongfully denied his claim thereby breaching the insurance contract. The defendant argued that it was prejudiced by late notice of the claim.

The plaintiff testified that he reported the property damage to his insurance agent shortly after the hurricane hit on October 24, ________. The plaintiff claimed that the hurricane caused damage to his roof and allowed water to leak into the home resulting in interior water damage.

The plaintiff’s insurance agent, who was not a party to the litigation, testified that the agency had no record of being contacted by the plaintiff regarding hurricane damage. The defendant argued that, even if the plaintiff had given notice to the agent, the agent did not notify the defendant insurance company and therefore, the defendant did not receive timely notice of the claim and was prejudiced.The jury asked if it could award more money than the plaintiff cited, given the increase in the cost of building material over time. The court responded that the jury had to use its own judgment, based on the evidence presented.The jury found for the plaintiff in the amount of $________. The plaintiff seeks costs and attorney fees with a multiplier. The defendant has filed an appeal.

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