Case Background
Ramon Uriel Moreno, a Florida resident, brought a breach of contract lawsuit against Citizens Property Insurance Corporation in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. The case was filed on May 25, 2023, and assigned Case No. 2023-017298-CA-01. Judge Joseph Perkins presided over the matter, which was heard in the Circuit Civil Division.
Moreno owned a residential property at 13600 SW 181st Street, Miami, Florida 33177. Citizens Property Insurance Corporation, a governmental entity created by Florida statute, insured the property under a Homeowners HO-3 Special Form Policy (Policy No. 03608294). The policy term ran from October 23, 2021, to October 23, 2022. The declarations page listed a dwelling coverage limit of $272,200 under Coverage A, a loss of use limit of $27,220 under Coverage D, a hurricane deductible of $13,610 (5%), and an all other perils deductible of $2,500. The property was a masonry construction home built in 1993 with a gable-shaped roof. Coverage B (Other Structures) and Coverage C (Personal Property) each carried a $0 limit of liability. The total annual policy premium was $3,756.
Citizens filed its answer and affirmative defenses on August 1, 2023. The case proceeded to a jury trial, and the jury returned its verdict on February 24, 2025. The Court entered its final judgment on October 1, 2025.
Cause
The complaint alleged the insured property sustained damage as a result of a windstorm on or about August 3, 2021. The certified policy request form attached to the Defendant's answer listed the date of loss as June 4, 2022. The jury verdict form asked whether the Plaintiff proved that his property was damaged by a windstorm on or around June 1, 2022, and the final judgment calculated prejudgment interest from June 4, 2022.
Moreno submitted a claim (Claim No. 001-00-313141) to Citizens for the windstorm damage. Citizens denied the claim in its entirety. Prior to filing the lawsuit, a Notice of Intent to Initiate Litigation supported by an estimate of the damages was sent to Citizens on behalf of Moreno pursuant to Section 627.70152, Florida Statutes.
Injury
The complaint alleged the windstorm caused substantial property damage and further insured losses to the residential property. Citizens stated in its answer that it inspected the subject property on July 26, 2022, and found no damage from wind or hail. Citizens noted wear, tear, and deterioration to the roof.
Damages Sought
The complaint stated the amount in controversy exceeded $50,000, exclusive of prejudgment interest, Court costs, and attorneys' fees. Moreno sought actual damages, prejudgment interest, costs, and attorneys' fees pursuant to Section 627.428, Florida Statutes.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Ramon Uriel Moreno
· Counsel for Plaintiff: Magali Sanders, Esq | Miguel R Lara
Defendant: Citizens Property Insurance Corporation
· Counsel for Defendant: Gabriela Rodriguez, Esq | William K. Terry
Claims
Moreno brought a single count of breach of contract. The complaint alleged that windstorm damage was a covered cause of loss under the policy, that Moreno submitted a timely claim, and that Citizens breached the insurance contract by denying the claim, failing to acknowledge coverage for all damages, and failing to tender the insurance proceeds owed. The complaint alleged Moreno met all conditions precedent to filing the lawsuit and that as a result of the breach, Moreno was deprived of the coverages and benefits afforded under the policy.
Defense
Citizens admitted it issued the HO-3 policy to Moreno and that the policy provided certain specified coverage in accordance with its provisions, terms, and conditions. Citizens denied most of the remaining allegations in the complaint.
Citizens raised an affirmative defense arguing there was no coverage for loss caused by rain to the interior of a building. The defense relied on the policy language, which excluded such coverage unless an opening was first created by a peril insured against, through which the rain entered and caused damages. Citizens stated that its inspection of the property on July 26, 2022, found no damage from wind or hail and noted only wear, tear, and deterioration to the roof. Based on these findings, Citizens maintained the alleged damages were not covered under the policy. Citizens also denied that any payments were owed under the policy.
Jury Verdict
The jury returned its verdict on February 24, 2025. The jury found that Moreno proved by the greater weight of the evidence that his property was damaged by a windstorm on or around June 1, 2022.
The jury awarded Moreno a total of $120,000 under the policy, divided into two categories: $80,000 for damages not related to Fast Respond Restoration and $40,000 for damages related to Fast Respond Restoration.
The Court entered the Final Judgment After Jury Trial on October 1, 2025. The judgment ordered Citizens Property Insurance Corporation to pay Moreno $120,000 in damages plus $28,853.73 in prejudgment interest calculated from June 4, 2022, for a total judgment of $148,853.73. The Court ordered execution to issue forthwith. The Court granted Moreno entitlement to attorneys' fees and costs, reserving jurisdiction to determine the amounts. The judgment was set to bear interest at the statutory rate until paid in full. The case was closed as to all parties.
Court Documents
