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Fri 11, Jan 2019 by on Significant Cases

December 2019 – Partner DeWitt Revels tried a case in the Eleventh Judicial Circuit (Miami-Dade) arising out of a roof leak.  The Plaintiffs brought suit against a major insurance company for breach of contract and alleged their roof leaked due to an unidentified wind event. The claim was denied because there was no evidence that a covered peril caused damage to the Plaintiffs’ home. Rather, the evidence showed Plaintiffs’ roof leaked due to long-term wear and tear and lack of maintenance.

Plaintiffs contended their roof leaked causing nearly $40,000 in damages to the interior and exterior of the home.  Plaintiffs produced four witnesses over the course of two days, including an expert general contractor.

Most of the defense occurred during the Plaintiffs’ case in chief, where each witness was forced to admit they had no evidence of a covered peril causing damage to the Plaintiffs’ home.  The defense demonstrated through the use of time-stamped aerial photography that the leak was caused by years of wear and tear and lack of maintenance. After calling only one witness, an expert engineer who testified there was no evidence of wind damage to Plaintiffs’ roof, the defense rested. The jury deliberated for less than one hour and returned a verdict in favor of the defendant insurance carrier. 

If you are in need of an experienced trial attorney, please contact Mr. Revels at 407-789-1830.