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Verdicts & Settlements: Insurance

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Breach of contract

January 27, 2022

A windstorm caused water to pour through the roof, ceiling, and walls of a home owned by Cosme Perez and Allison Einhorn. They contacted water mitigation company Laurencio & Associates, which sent workers to tarp the home’s roof and perform other emergency services. Three days later, Perez and Einhorn filed a claim with Universal Property & Casualty Insurance Co.; the insurer later paid $4,000 for the interior damage but refused to pay for the roof damage and for Laurencio’s fee of over $15,000.

Perez and Einhorn and Laurencio & Associates first brought separate lawsuits against Universal Property & Casualty, but the claims were later consolidated. The plaintiffs alleged breach of contract under the Perez-Einhorn policy, which had a limit of over $352,800. The defendant refused to pay for the water mitigation services even after extending coverage for interior holes the company had drilled when it serviced the home, suit claimed.

The jury awarded more than $150,600.

Citation: Perez v. Universal Prop. & Cas. Ins. Co., Nos. CACE-17020188, CACE-80003799 (Fla. Cir. Ct. Broward Cty. Sept. 17, 2021).

Plaintiff counsel: AAJ member John A. Tolley, Brooklyn, N.Y.; and Gregory Saldamando, Coral Gables, Fla.