My client resides in Dunedin, Florida and has his homeowners insurance with Citizens Property Insurance. The roof on his condo leaked, and damaged his wood flooring and walls. He reported the claim to Citizens Insurance. Citizens said that it was the fault of roofers who had recently been hired by his Condo Association, and that either his Condo Association or the roofers were responsible. Wrong.
This is a common tactic which I see quite frequently. To an unsuspecting homeowner, this may sound reasonable, but it is dead wrong. Homeowners insurance covers this type of loss, plain and simple. If the loss was caused by a negligent party, then the homeowners insurer is supposed to pay the claim; and then the insurer will sue the negligent party in order to get its money back as well as getting the insured’s deductible back. Nothing could be clearer.
Yesterday, I filed a lawsuit against Citizens for breach of contract. As with many of my insurance cases, if I win the insurance company will be required to pay all of my fees and costs; and if I lose, I’ll work for free.
I handle these types of cases all over the State of Florida.