Case Background: Coverage in Place at the Time of Loss
The Plaintiffs, residents of Miami-Dade County, Florida, held a homeowner’s insurance policy issued by a Florida-based insurance company. They paid premiums in exchange for coverage against losses to their property, located at 16433 SW 95th Street, Miami, FL 33196. The contract was executed in Miami-Dade County, and all relevant events took place there.
Cause: Delayed Response and Policy Noncompliance
On May 24, 2020, strong winds and rain damaged the Insureds’ property while the policy remained active. They reported the loss to the insurance company on November 13, 2020. The insurer acknowledged the claim, assigned a claim number, and dispatched an adjuster. However, more than three months passed without any decision or payment. The insurance company failed to acknowledge or deny coverage, effectively refusing to address the claim. The Insureds alleged this inaction constituted a material breach of the policy.
Injury: Continued Financial Harm and Incomplete Repairs
The Insureds took steps to mitigate further property damage. They made reasonable and necessary repairs, maintained expense records, and complied with all post-loss obligations under the policy. Despite their efforts, the insurer’s failure to respond left them with unresolved property damage and out-of-pocket costs.
Damages: Ongoing Loss and Legal Costs
The Insureds suffered financial damages from the insurer’s inaction. These included unreimbursed repair expenses and loss of insurance benefits. They also incurred legal costs by hiring attorneys to pursue the claim. They are seeking damages, court costs, interest, and attorney’s fees under Florida Statute § 627.428.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Jose Ortiz Viera | Yadira Rodriguez
Counsel for Plaintiff: Alian M. Perez | Amado Alan Alvarez | Benjamin R. Alvarez | Robert Jonathan Lee
Defendant: Universal Property & Casualty Insurance Company
Counsel for Defendant: Steven Liss Chackman | Sasha Haro | Steven J. Chackman | Adriana M. Pavon | Yadhira Ramirez-Toro
Claims: Breach of Contract by Insurance Company
The Insureds brought a single count of breach of contract against the insurance company. They argued the insurer failed to fulfill its obligations under the policy by not attending to the claim, denying or confirming coverage, or issuing any payment. They requested a jury trial and damages for the insurer’s alleged breach.
Defense
Universal Property & Casualty Insurance Company denied the key allegations made by Plaintiffs Jose Ortiz Viera and Yadira Rodriguez, asserting that the Plaintiffs failed to meet multiple conditions required under the insurance policy. Universal claimed its ability to investigate the alleged May 24, 2020 loss was prejudiced due to the Plaintiffs’ delay in reporting the claim, failure to provide timely documentation, and submission of an invalid sworn proof of loss. Universal also contended that it was not permitted to inspect the property until December 2, 2020, over six months after the alleged loss.
The company raised several affirmative defenses, including estoppel, failure to satisfy conditions precedent, and multiple exclusions under the policy. These included pre-existing damage, wear and tear, neglect, and constant seepage, among others. Universal also asserted that the claimed repairs were excessive and unsupported, and that the damages sought did not arise directly from a covered loss. Based on these grounds, Universal requested the court dismiss the claims and enter judgment in its favor.
Jury Verdict
On June 6, 2025, the jury in the Ninth Judicial Circuit, Orange County, Florida, found in favor of the Defendants, Dakota Storm Griffin and Ginger Griffin. Despite Plaintiff Benjamen Hill’s claims of permanent injury and significant damages, the jury determined that the Defendants were not liable for the alleged injuries and losses. As a result, no damages were awarded to the Plaintiff.
