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ARTICLE ID 188016

SUMMARY JUDGMENT FOR DEFENDANT Insurance Obligation – Alleged wrongful denial of claim for wind damage – Claimed breach of homeowners’ insurance policy – $________ in roof damage claimed.

Duval County, FL

The plaintiff alleged that the defendant insurance company wrongfully denied a claim for wind damage to her roof. The defendant argued that the plaintiff failed to meet the requirements of the policy and could not show that the defendant had breached the contract in any way.

The plaintiff alleged that the roof of her Jacksonville, Florida home was damaged by wind on April 14, ________. Based on its adjuster’s investigation, the defendant extended coverage in the amount of $________ for the plaintiff’s loss. Evidence showed that, on September 16, ________, the plaintiff submitted an estimate from a public adjuster and a proof of loss for roof repair totaling $________. The plaintiff alleged that the defendant wrongfully denied the claim and therefore breached the insurance contract.

The defendant argued that it sent the plaintiff a check for $________ with an explanation that she could invoke appraisal and/or request mediation to pursue additional compensation. The defendant also advised that the plaintiff’s proof of loss was rejected due to incorrect measurements resulting from the pitch of the roof. The plaintiff signed a document for roof repair in March of ________, which did not specify the amount to be charged for the repair nor the scope of the work. The plaintiff testified that she did not have her roof repaired or replaced and that she still had the defendant’s check for $________.

The defendant argued that, because no contractor had been hired and no roof repairs made, it was only required to pay costs incurred by the plaintiff (money actually spent or which the plaintiff had become contractually obligated to spend for repair of the damages). The defense also contended that the plaintiff failed to pursue a claim for additional compensation above the amount tendered by the defendant and failed to submit any additional information to cause the defendant to re-evaluate its position. More importantly, the defense maintained that the plaintiff failed to become contractually obligated to repair the property and did not spend any money to repair the property.The court granted the defendant’s motion for summary judgment. The defendant’s motion for attorney fees is pending. The plaintiff has filed a notice of appeal.

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