On July 5, 2018 the Fourth District Court of Appeal reversed a judgment entered at trial in favor of the insureds, Risbel Mendoza and Vicente Jubes.  The case involved a homeowner’s claim for water damages resulting from a water heater leak.  The insurance company, Citizens Property Insurance Corporation, denied the claim, asserting that the damage fell under the policy’s constant or repeated seepage or leakage exclusion.

According to the policy:

Constant or repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture or vapor; which occurs over a period of time, whether hidden or not and results in damage such as wet or dry rot, “fungi,” deterioration, rust, decay or other corrosion.

At the trial, the attorney for the homeowners argued that Citizens picked the wrong exclusion to deny the claim and that it should have picked a “more specific” exclusion over the “more general” exclusion, and therefore the insurance company violated its duty to adjust.

Additionally, the insureds complained about how the adjuster from Citizens denied the claim, asserting that it was a “violation of the ethical responsibilities.  It is a violation of the ethical – of the adjuster’s law.  It is a violation of the contract itself where it says, we will adjust all losses.”

The jury found that Citizens did not properly exclude the claim from coverage and awarded the homeowners $22,000 in damages.

The appellate court reversed, finding that the jury instructions focused on whether the adjuster properly investigated or properly adjusted the claim and whether Citizens violated a code of ethics.  While such considerations may be appropriate in a bad faith case, they have no place in a simple breach of contract action.  See Citizens Prop. Ins. Corp. v. Calonge, 43 Fla. L. Weekly D855b (Fla. 3d DCA Apr. 18, 2018).  The homeowners were free to criticize Citizens’ adjuster’s conclusions without arguing that he breached a duty or obligation to them.

Download Citizens v. Mendoza (duty to adjust) PDF

An eight-year-old boy remains in police custody after attempting to rob a local convenience store at gunpoint, in West Palm Beach.

The boy rode his bike to the store and entered wearing a motorcycle helmet and baggy clothes while covering his face with a sweater. The odd behavior of this child alerted the employees that something was not quite right.

The boy confidently told the cashier, “give me the money,” while pointing a gun at him. Fortunately, another employee was keeping an eye on the situation and twisted the boy’s hand allowing the employee to secure the gun. At this point, the employee locked the gun in an office and put the ‘would be robber,’ in another room to wait for the police to arrive.

The minor told his mother, Ebony Alls, he was going to the park and gave her a hug before leaving to attempt his stick-up. The mother realized something was wrong when she picked up her purse and noticed it was lighter than usual. Upon investigation, she discovered her loaded handgun had been taken from her purse.

Customers who were interviewed at the scene were shocked that an eight-year-old was able to secure a loaded gun.

This minor is undergoing a mental health evaluation as he mentioned wanting to kill himself after the incident. While the boy will be taken to a juvenile detention center, charges have not yet been filed against him or his mother.

If your home or business has been burglarized, you may be entitled to insurance benefits. Call The Mineo Salcedo Law firm for a free case evaluation. (954) 463-8100.

The 1957 children’s classic from Dr. Seuss, “How The Grinch Stole Christmas” has heartbreakingly happened in Miami Gardens. Four men broke into a home and stole all the presents under the tree plus family jewels and other valuables.

Police have issued photos of the 4 men who were caught by the family’s surveillance cameras while in the act of being inside the home. The owner of the house, Toni (last name and photo withheld) said she got an alert around 10 in the morning from her ADT alarm while she was at work. The alert notified her that someone had gone into her home. Fortunately, Toni and her husband has the foresight to buy the cameras and install them immediately.

According the police reports and the videos from the surveillance cameras, the men entered the house through a bedroom window. The videos captured the faces and vital details about the men like their face features, what they were wearing, and arm tattoos. One man saw the camera and tried to hide his face.

The valuables that were taken included a necklace and earrings Toni’s husband bought for her which has significant sentimental value and all the Christmas gifts under the tree estimated  to be worth several thousands of dollars. One of the gifts was for her son and was a computer.

Not long after the house alarm sounded, armed police came into the scene with a K-9 unit but the men had already disappeared apparently leaving hurriedly after they saw the surveillance cameras. Toni calls the break-in heartless because it took away Christmas for the family including the presents that had “From Santa” on them. The Miami-Dade Crime Stoppers are offering a reward of $1,000 for any legitimate tip on the men or their whereabouts. Calls can be made to 305-471-TIPS. Callers can stay anonymous and still be eligible for the reward money.

If you have an insurance claim or want to have our attorneys review your policy of insurance, please call The Mineo Salcedo Law Firm for a free consultation.  (954) 463-8100.

The Mineo Salcedo Law Firm, PA is a proud sponsor of the FAPIA 2015 Fall Year End Conference. The Partners, Peter J. Mineo and John A. Salcedo will be attending the three-day event in Kissimmee, Florida.