Our clients’ home in Volusia County, Florida was severely damaged by an electrical fire. They filed a claim with their homeowner’s insurer, Citizens Property Insurance. Despite being presented with much higher estimates from contractors retained by my clients, Citizens is only willing to pay in accordance with its own adjuster’s estimate. Citizens is refusing to acknowledge that my clients’ ordinance and law coverage applies to bring the house up to code. They are also attempting to repair several items that should be replaced.
Although our clients just recently sought our help, they have been fighting with Citizens for over 2 years on this claim. During this time, they have been living outside their home because they do not have sufficient funds to complete the home repairs. Therefore, in our breach of contract lawsuit against Citizens, we will not only seek recovery of those unpaid damages covered by the policy. we will also seek recovery of all damages (even if they are not covered by the insurance policy) incurred by our clients as a result of Citizens not paying the claim in full in a timely manner. These types of damages are called consequential damages and are recoverable in Florida in a breach of contract action.