Case Background
Claribel Terrero owned a home in Hialeah, Florida. She maintained a homeowner’s insurance policy from Citizens Property Insurance Corporation. The policy was valid at the time of the dispute and listed coverage for property damage. Citizens conducted business in Miami-Dade County, where both the policy and the insured property were based.
Cause
On September 28, 2022, a severe weather event struck Hialeah, Florida. The storm caused significant roof damage to Claribel Terrero’s property. Rainwater entered the home, resulting in extensive interior damage. At the time, Terrero held an active homeowner’s insurance policy with Citizens Property Insurance Corporation. The policy covered both structural and interior damage caused by weather-related events.
Terrero promptly reported the damage to Citizens. She followed all policy requirements and provided necessary documentation. Citizens acknowledged the claim and assigned it the relevant claim number. An investigation followed. Despite this, Citizens refused to issue full payment or accept liability for the loss. The company’s refusal persisted even though the damage fell within the policy’s covered perils. Terrero alleged that this denial breached the policy’s terms. She believed Citizens had wrongfully withheld coverage and benefits owed under the insurance agreement.
Injury
The storm compromised the structural integrity of the roof. Water seeped into the house, damaging interior spaces. The home became partially uninhabitable. Terrero faced stress and disruption. She depended on the insurance to make essential repairs. The denial left the home exposed to further damage and decay.
Damages
Terrero claimed financial losses tied to the damage. She also incurred legal costs. She hired Florida General Counsel, P.A. to file suit. She sought damages for breach of contract. Her demand included insurance proceeds, interest, legal fees, and related costs. She also requested a jury trial.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Claribel Terrero
Counsel for Plaintiff: Nabila Torres
Expert Witness for Plaintiff: Said Nour | Michael Z. Woolington | Nelson Salazar
Defendant: Citizens Property Insurance Corporation
Counsel for Defendant: Jay Steven Warner
Expert Witness for Defendant: Anthony Ragone
Claims
Breach of Contract
Citizens Property Insurance Corporation issued a valid homeowner’s insurance policy to Claribel Terrero, covering damage from certain perils, including storm-related events. On September 28, 2022, Terrero’s property sustained significant roof and interior damage due to a severe weather event. Terrero filed a timely claim and complied with all policy conditions. Citizens acknowledged the claim, assigned a claim number, and completed an investigation. However, the company refused to provide full coverage or payment for the loss. This refusal violated the express terms of the insurance contract and constituted a material breach.
Failure to Pay Covered Benefits
Despite verifying the loss and acknowledging its receipt, Citizens failed to issue payment for covered damages under the policy. The damage fell squarely within the policy’s covered perils. Terrero argued that the denial was unjustified and contrary to the insurer’s obligations under Florida law and the contract itself. The failure to render benefits prevented necessary repairs and left the property exposed to further harm.
Legal Costs and Attorneys’ Fees
Due to Citizens’ refusal to pay the claim, Terrero retained legal counsel to enforce her contractual rights. She incurred legal expenses directly resulting from the insurer’s breach. Under Florida Statutes §§ 57.041, 57.104, and 627.428, Terrero seeks reimbursement for attorneys’ fees and related litigation costs caused by Citizens’ conduct.
Defense
Citizens Property Insurance Corporation denied liability, asserting that the claimed damages fell within exclusions listed in the homeowner’s policy. The insurer observed roof damage resulting from wear, tear, or deterioration, causes the policy expressly excluded. During its February 27, 2023 inspection, Citizens documented signs of deterioration on the roof consistent with those exclusions.
Citizens also maintained that the interior rain damage remained uncovered because the policy required a covered peril to create an opening in the roof or walls before allowing rainwater to enter. Its inspection revealed no opening caused by any covered event. Therefore, Citizens concluded that the interior damage did not meet the conditions for coverage under the Homeowners HO-3 Special Form policy.
Jury Verdict
On February 12, 2025, the jury ruled in favor of Plaintiff Claribel Terrero in her breach of contract case against Citizens Property Insurance Corporation.
The jury found that the weather event on or about September 28, 2022, caused damage to the insured property, including the creation of an opening in the roof or walls that allowed rainwater to enter and damage the interior.
The jury awarded $64,000 in total damages resulting from the weather event.
As a result, judgment was entered against Citizens Property Insurance Corporation.
Court Documents
