Tampa Associate Gianna Morgado and Partner Paydon Broeder recently received a defense verdict in Hillsborough County.
This is a first party property case in which the Plaintiff alleged damage to their roof and interior stemming from Hurricane Irma. The claim was reported over two years late and was denied for failure to provide prompt notice and prejudice. The case was heavily litigated including two motions for summary judgment and arbitration. During trial the Plaintiff called an expert that all the damages to the property were caused by wind and that he attributed it all to Hurricane Irma. At closing we argued that Plaintiff had not reached their burden of proving a loss during the policy period and even if they did the late notice provision would bar recovery.
The Jury deliberated for about 45 minutes before returning a complete defense verdict finding that the Plaintiff had not in fact met their initial burden of proving a loss during the policy period.
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