Case Background
On May 25, 2023, Plaintiff Ramon Uriel Moreno filed a breach of contract lawsuit in the Florida State, Miami-Dade County, Eleventh Circuit Court (Case number: 2:22cv422) due to windstorm damage. This case was assigned to Judge Joseph D. Perkins.
Cause
Ramon Uriel Moreno purchased a residential property insurance policy from Citizens Property Insurance Corporation to protect his home at 13600 SW 181 St., Miami, FL 33177. He consistently paid his premiums, ensuring that the policy remained active. On August 3, 2021, a severe windstorm struck his property, causing extensive structural damage. The strong winds compromised the home’s integrity, affecting the roof, exterior walls, and other essential components. Moreno recognized the severity of the damage and promptly reported the loss to Citizens Property Insurance Corporation. He filed an insurance claim and submitted all necessary documentation, including an estimate detailing the actual cash value of the damages. His insurance policy explicitly covered windstorm damage. Despite meeting all policy requirements and filing his claim on time, Citizens Property Insurance Corporation denied coverage. The insurer refused to pay for the damages, leaving Moreno without financial support under his windstorm insurance coverage.
Injuries
The windstorm caused substantial damage, making urgent repairs necessary to restore the home. The storm severely damaged the roofing system, allowing water to seep in and compromise the structure. Interior portions of the home deteriorated due to moisture exposure, leading to additional repair costs. Moreno sought professional assessments, which confirmed that repairs far exceeded his financial means without insurance assistance. The denial of coverage left him struggling to fund the necessary work. The insurer’s refusal to honor his windstorm insurance coverage forced him into financial hardship. In addition to the property damages, he incurred legal expenses while trying to secure the insurance benefits he rightfully deserved. The insurance company’s actions left Moreno with an uninhabitable home and mounting financial burdens. The refusal to acknowledge his valid claim worsened his situation, making it impossible to recover without legal intervention.
Key Arguments and Proceedings
Legal representation
Plaintiff(s): Ramon Uriel Moreno
Counsel for Plaintiff: Magali J Sanders | Miguel R Lara
Defendant(s): Citizens Property Insurance Corporation
Counsel for Defendants: William K Terry, Jr.
Claims
Citizens Property Insurance Corporation breached its contractual obligations by failing to acknowledge Moreno’s valid claim. The insurer refused to provide the required insurance proceeds, despite clear evidence of windstorm damage. Under Florida law, the company had a duty to honor its windstorm insurance coverage. Instead, it unjustifiably denied benefits. By refusing to compensate Moreno, the insurer deprived him of the financial relief needed to repair his property. The breach of contract left him with no choice but to seek legal counsel, increasing his financial strain. Florida law entitled him to recover attorney fees and legal costs due to the insurer’s failure to fulfill its obligations. The unjustified denial of coverage demonstrated bad faith. The insurer failed to act in good faith under the windstorm insurance coverage policy. Its refusal to pay forced Moreno into legal action to recover the compensation he was entitled to under the breached contract.
Defense
Citizens Property Insurance Corporation denied liability, arguing that the alleged windstorm damage did not qualify as a covered loss. The insurer claimed that Moreno failed to prove the damage resulted from a covered peril. Instead, it contended that pre-existing conditions, wear and tear, and poor maintenance contributed to the property damage. The insurer also asserted that Moreno did not fully comply with the policy terms. It claimed that he failed to provide timely and sufficient documentation. Additionally, Citizens Property Insurance Corporation argued that exclusions in the policy barred coverage for the claimed damages. The company maintained that if any payments were due, they should be reduced based on depreciation and policy limitations. The insurer raised affirmative defenses, including failure to mitigate damages and comparative negligence. It alleged that Moreno failed to take reasonable steps to prevent further damage after the loss. The company also argued that any potential recovery should be offset by policy deductibles and other contractual limitations. Based on these defenses, Citizens Property Insurance Corporation requested that the Court dismiss Moreno’s claims and deny his request for damages.
Jury Verdict
On February 24, 2025, the jury found that Ramon Uriel Moreno proved by the greater weight of the evidence that a windstorm damaged his property on or around June 1, 2022. The jury determined that Citizens Property Insurance Corporation owed Moreno $120,000 under the windstorm insurance coverage policy. This amount included $80,000 for damages unrelated to Fast Respond Restoration and an additional $40,000 specifically for Fast Respond Restoration.
Court Documents:
Documents are available for purchase upon request at [email protected]
