Case Background
A Broward County jury ruled in favor of Florida homeowners Nadine and Stephen Casella in their breach of contract lawsuit against Universal Property & Casualty Insurance Company. The case, filed in the Circuit Court of the 17th Judicial Circuit on February 27, 2024, centered on a disputed insurance claim for water damage at the couple's Sunrise residence. Judge Michele Towbin Singer presided over the trial, which concluded with a verdict on November 13, 2025.
Cause
The dispute arose from weather-related water damage that occurred at the Casellas' property located at 4900 NW 96th Avenue in Sunrise, Florida on April 10, 2023. The homeowners held a policy with Universal Property & Casualty Insurance Company (Policy No. 1501-1201-4637) covering the period from May 27, 2022 through May 27, 2023. After the loss, the couple filed a claim with their insurer, which assigned claim number FL23-0117614-C223 to the matter.
Injury
The water damage affected multiple areas of the home, including the living room, hallway, kitchen, dining room, and laundry room. The damage required extensive repairs including drywall replacement, cabinetry work, painting, and remediation services. The insurance company initially paid $18,470.88 for building coverage and $8,881.59 for mold remediation. The Casellas contended this payment fell significantly short of the actual repair costs needed to restore their property.
Damages Sought
The Plaintiffs sought damages exceeding $50,000, exclusive of Court costs, attorney fees, and interest. They requested full payment of benefits owed under their policy, prejudgment interest, and attorney fees pursuant to Florida Statute §627.428.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Nadine Casella | Stephen Casella
· Counsel for Plaintiffs: Michael D. Leader, Esq. | Scott R. Zucker, Esq. | Rebecca Jarratt Davis | Stephen Cameron | Ivan J Tarasuk
· Experts for Plaintiffs: Daniel J. Moss
Defendant: Universal Property & Casualty Insurance Company
· Counsel for Defendant: Valerie Kathryn Smith, Esq. | Scott Thomas Pribble | Rafael Reyes | Kaitlyn Marie Dugas | Zaheeda Mohammed | Ernst J. Olivier | Karen N Beaz
· Experts for Defendant: Christopher D. Wendt
Claims
The Casellas brought a single count of breach of contract against the insurance company. They alleged Universal Property had a contractual obligation under the policy to pay for covered losses. The Plaintiffs maintained they suffered direct physical loss to their property during the policy period and complied with all policy terms and conditions. They argued the insurer breached the contract by refusing to pay the full benefits due for their covered losses.
Defense
Universal Property mounted an aggressive defense with fifteen affirmative defenses. The insurer argued the Casellas failed to protect the property from further damage after the loss occurred. The company pointed out the homeowners reported the April 10, 2023 loss over two weeks late, on April 28, 2023, and delayed contracting mitigation dry-out services until April 28, 2023, and mold remediation services until April 27, 2023.
The insurance company raised policy exclusions for neglect, wear and tear, deterioration, and faulty workmanship or maintenance. Universal Property also claimed the damages sought included items not caused by the covered loss and that repair estimates contained excessive and unwarranted charges. The company asserted it already paid the full covered damages and was entitled to a set-off for prior payments including the $1,000 policy deductible.
The insurer further alleged the Casellas failed to provide requested documentation, including repair receipts and photos taken at the time of loss. Universal Property raised defenses of laches and misrepresentation, claiming the Plaintiffs made material misrepresentations during the claim investigation and submitted estimates with entries unrelated to the actual cause of loss.
Jury Verdict
On November 13, 2025, the jury found Universal Property & Casualty Insurance Company breached the insurance contract by failing to pay the full value of damages to the Casellas' property. The jury determined the total value of property damages proved by the Plaintiffs amounted to $53,099.30, before any reductions for the policy deductible or prior payments. Richard Robinson served as jury foreperson.
Judge Michele Towbin Singer entered final judgment on December 4, 2025. The Court ordered Universal Property to pay the Plaintiffs $24,746.83 in damages. The judgment also included prejudgment interest of $5,347.16 for the period from June 28, 2023 through December 4, 2025. The total monetary award came to $30,093.99, which continues to accrue interest at 8.65 percent per year as set by Florida's Chief Financial Officer.
The Court retained jurisdiction to determine entitlement to and the amount of attorney fees and costs upon proper motion and notice. Execution may issue upon expiration of sixty days from the judgment date. The verdict represented a significant win for the homeowners, who recovered nearly the full difference between what they claimed and what the insurance company originally paid for building damage repairs.
Court Documents
