PWD Recent Trial Triumph: Randy Weber, B.C.S. Prevails!

Weber, B.C.S. Prevails! Albury v. Homeowner’s Choice

Plaintiff, Deborah Albury, is the owner of a single-family home in Southwest Miami Dade County. On September 10, 2017, Hurricane Irma carved a path of destruction through Miami-Dade County and beyond. Ms. Albury’s home was in this path – but it seemed, at the time, that she had escaped any major damage. Only her fence was damaged, and debris had accumulated in her yard. She did not see any visible signs of roof damage. But in 2020, when a handyman was going to re-paint the home, he observed damages to the home’s roof. The damages were significant enough for him to suggest that Ms. Albury call her insurance carrier and report the claim. And that’s exactly what she did.

Thereafter, her insurance carrier sent a field adjuster and retained professional engineer to inspect the home.

Following that inspection, the insurance company denied the claim on the basis that the home had not sustained any damages due to Hurricane Irma. But the inspection overlooked or construed several telltale signs of storm damage including broken and cracked tiles, water staining in the attic and cracking walls and ceiling. Based on the carrier’s denial of the claim, Ms. Albury filed suit against Homeowner’s Choice.

During September 2023, this case was tried to a jury in Miami-Dade County. The trial lasted 3 days and the jury found in favor of Ms. Albury and against Homeowner’s Choice — finding that the insurance company breached its contractual obligations. What’s more, the Jury awarded nearly $20,000.00 more than Mr. Weber requested in closing argument. The Defendant has moved for a new trial, which was denied.