CORAL GABLES, Fla., Oct. 27, 2022 (GLOBE NEWSWIRE) -- The Property Advocates is pleased to announce that it helped its client, Mariana Gracia, in her appeal against Security First Insurance Company. Gracia had sued Security First for a dispute over coverage for damage sustained to the roof of her home during a storm.
In Case No. 5D21-1456, the District Court of Appeal of the State of Florida Fifth District overturned the trial court's grant of final summary judgment in favor of Security First. The trial court made its decision based upon a ruling that Gracia made affirmative misrepresentations about the pre-loss condition of her property, which warranted forfeiture of cover under the concealment or fraud provision of her homeowner's insurance property.
The court of appeals disagreed with that decision and overturned the ruling.
Gracia took out an insurance policy with Security First in 2016 for her home located in Orlando, Florida. The policy was effective from May 2016 through May 2017.
In April of 2017, Gracia reported a loss due to roof damage that was caused by a storm. After investigating the claim, Security First extended roughly $11,000 in coverage for the damages. Gracia submitted a sworn proof of loss to claim that more damages had been sustained than that amount.
When Security First denied her claim, Gracia filed a lawsuit through her legal representation, The Property Advocates, alleging breach of contract.
During a deposition in the case, Gracia said a home inspection was performed in 2015 before she purchased the property. She responded that the report said "everything was good" and the "roof was in good condition."
Security First obtained a copy of that inspection report and claimed Gracia was committing fraud since the report indicated the roof and interior ceiling both had damage in 2015. The report had photographs that detailed the damage and noted specific leaks in the roof.
Security First asked for summary judgment on multiple grounds but focused their case on the concealment or fraud defense. The trial court agreed with their arguments, applying Florida's new summary judgment standard.
The Property Advocates appealed on Gracia's behalf.
At issue on appeal was whether Security First was required to establish that the statements Gracia made about the property's pre-loss condition were made with an intent to mislead.
The Property Advocates argued that Security First had to meet this initial burden. Gracia contends there was no such showing on their part, and as a result, the trial court decided the fact questions by granting summary judgment.
The appeals court agreed with The Property Advocates' arguments on behalf of their client Gracia and ruled to overturn the trial court's summary judgment.
The concurring opinion in the case read, in part:
"Security First did not meet its summary judgment burden to establish that there is no 'genuine dispute' that these statements were false … Importantly, on our record, the inspection report itself does not establish, via its descriptions or its difficult-to-decipher photographs, that these deposition statements were false."
Media Contact Info:
Michael Patrick
The Property Advocates
https://www.thepropertyadvocates.com/
Coral Gables, FL
786-430-0882
media@thepropertyadvocates.com
