On October 22, 2020 a
Order
was filed
involving a dispute between
Haven Group Inc,
and
Citizens Property Insurance Corporation,
for Other - Insurance Claim
in the District Court of Broward County.
Preview
Filing # 135612925 E-Filed 09/29/2021 06:35:30 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.
CACE20017617
DIVISION Ql JUDGE Mily R Powell
Haven Group Inc
Plaintiff(s)/ Petitioner(s)
V.
Citizens Property Insurance Corporation
Defendant(s)/ Respondent(s)
'
ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT
THIS CAUSE having come before the Court at a hearing on September 29, 2021 via Zoom
video conferencing, and the Court having heard argument of counsel, and the Court having
been otherwise fully advised, it is hereby;
ORDERED AND ADJUDGED that Defendant CITIZEN'S Motion for Summary
Judgment is DENIED.
The court finds there is a genuine issue of material fact as to whether the alleged
delayed notice of the claim was prejudicial to Citizens. Defendant's Motion for Summary
Judgement is denied because the Plaintiff has submitted the affidavit of a licensed roofing
expert, Rafael Leyva. Expert Leyva inspected the HAVEN GROUP roof and also reviewed the
photographs taken of the Plaintiffs roof, which were taken by the Citizens field adjuster Mickey
McDaniels.
Defendant admits that there are roof damages. Defendant argues that Citizens
"doesn't know" and "couldn't tell" whether the roof damages depicted are related to hurricane
force winds because of the alleged late notice of this claim. Defendant claims their Field
Adjuster "didn't know" and "couldn't tell" because he was prejudiced by the late notice.
However, Plaintiffs expert Leyva inspected the home and he reviewed the same photographs
taken by the Citizens Field Adjuster and Leyva testifies in his affidavit that the Citizens'
photographs demonstrate those types of damages on the HAVEN roof were created by
hurricane force winds. Based upon the Leyva affidavit, there are factual issues exist as to
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/29/2021 06:35:56 PM.****
CaseNo: CACE20017617
Page 2 of 2
what is shown in the photographs. There are factual issues about whether Hurricane Irma
caused the damages. There are factual issues about whether there was any prejudice.
Plaintiff argues that the reason Citizens "doesn't know" and "can't tell" if the damages
are related to hurricane force winds is because Citizens chose not to send a roofing expert or
an engineering expert to see the roof. Citizens decision not to send a licensed general
contractoror licensed engineer to see the Kalam roof likely prejudiced their evaluation of this
claim. Plaintiff argues that if Citizens had sent a qualified roofer to see the roof, that qualified
roofer would have been able to review the same Citizens' photographs (that expert Leyva
reviewed) and damages and make a determinationwhether those were related to hurricane
force winds.
Plaintiff has met their burden as it relates to any potential prejudice Citizens may
have suffered.
Therefore, Defendant'smotion for summary judgment is denied.
DONE and ORDERED in Chambers, at Broward County, Florida on 09-29-2021.
CACE20017617 09-29-2021 2:25 PM
Hon. Mily R Powell
CIRCUIT JUDGE
Electronically Signed by Mily R Powell
Copies Furnished To:
John D. Hoffman Esq. E-mail :
,
John D. Hoffman Esq. E-mail :
,
John D. Hoffman Esq. E-mail :
,
John W. Salmon
E-mail : MARTHA@SD-ADR.COM
,
Peter J. Mineo, E-mail :
Peter J. Mineo
E-mail :
,
Peter J. Mineo, E-mail :
Ryan Rodriguez, E-mail :
Document Filed Date
September 29, 2021
Case Filing Date
October 22, 2020
Category
Other - Insurance Claim
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 135612925 E-Filed 09/29/2021 06:35:30 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE20017617 DIVISION Ql JUDGE Mily R Powell Haven Group Inc Plaintiff(s)/ Petitioner(s) V. Citizens Property Insurance Corporation Defendant(s)/ Respondent(s) ' ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT THIS CAUSE having come before the Court at a hearing on September 29, 2021 via Zoom video conferencing, and the Court having heard argument of counsel, and the Court having been otherwise fully advised, it is hereby; ORDERED AND ADJUDGED that Defendant CITIZEN'S Motion for Summary Judgment is DENIED. The court finds there is a genuine issue of material fact as to whether the alleged delayed notice of the claim was prejudicial to Citizens. Defendant's Motion for Summary Judgement is denied because the Plaintiff has submitted the affidavit of a licensed roofing expert, Rafael Leyva. Expert Leyva inspected the HAVEN GROUP roof and also reviewed the photographs taken of the Plaintiffs roof, which were taken by the Citizens field adjuster Mickey McDaniels. Defendant admits that there are roof damages. Defendant argues that Citizens "doesn't know" and "couldn't tell" whether the roof damages depicted are related to hurricane force winds because of the alleged late notice of this claim. Defendant claims their Field Adjuster "didn't know" and "couldn't tell" because he was prejudiced by the late notice. However, Plaintiffs expert Leyva inspected the home and he reviewed the same photographs taken by the Citizens Field Adjuster and Leyva testifies in his affidavit that the Citizens' photographs demonstrate those types of damages on the HAVEN roof were created by hurricane force winds. Based upon the Leyva affidavit, there are factual issues exist as to *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/29/2021 06:35:56 PM.**** CaseNo: CACE20017617 Page 2 of 2 what is shown in the photographs. There are factual issues about whether Hurricane Irma caused the damages. There are factual issues about whether there was any prejudice. Plaintiff argues that the reason Citizens "doesn't know" and "can't tell" if the damages are related to hurricane force winds is because Citizens chose not to send a roofing expert or an engineering expert to see the roof. Citizens decision not to send a licensed general contractoror licensed engineer to see the Kalam roof likely prejudiced their evaluation of this claim. Plaintiff argues that if Citizens had sent a qualified roofer to see the roof, that qualified roofer would have been able to review the same Citizens' photographs (that expert Leyva reviewed) and damages and make a determinationwhether those were related to hurricane force winds. Plaintiff has met their burden as it relates to any potential prejudice Citizens may have suffered. Therefore, Defendant'smotion for summary judgment is denied. DONE and ORDERED in Chambers, at Broward County, Florida on 09-29-2021. CACE20017617 09-29-2021 2:25 PM Hon. Mily R Powell CIRCUIT JUDGE Electronically Signed by Mily R Powell Copies Furnished To: John D. Hoffman Esq. E-mail : , John D. Hoffman Esq. E-mail : , John D. Hoffman Esq. E-mail : , John W. Salmon E-mail : MARTHA@SD-ADR.COM , Peter J. Mineo, E-mail : Peter J. Mineo E-mail : , Peter J. Mineo, E-mail : Ryan Rodriguez, E-mail :