The Property Advocates successfully appeal

The Property Advocates successfully appeal


CORAL GABLES, Fla., Oct. 27, 2022 (GLOBE NEWSWIRE) — The real estate attorneys is pleased to announce that it assisted his client, Mariana Gracia, with her appeal against Security First Insurance Company. Gracia had sued Security First over a dispute over coverage for damage done to the roof of her home during a storm.

In Case No. 5D21-1456, the Florida Circuit Court of Appeals, 5th Circuit, vacated the trial court’s order of final summary judgment in favor of Security First. The trial court made its decision based on a finding that Gracia had made affirmative misrepresentations about the condition of her property prior to the loss, which warranted forfeiture of insurance coverage under the concealment or fraud provision of her homeowner’s insured property.

The Court of Appeal disagreed with this decision and overturned the verdict.

Gracia purchased an insurance policy from Security First for her home in Orlando, Florida in 2016. The policy was in effect from May 2016 to May 2017.

In April 2017, Gracia reported damage due to roof damage caused by a storm. After investigating the claim, Security First added approximately $11,000 to the damage coverage. Gracia produced an affidavit of damages to claim that damages in excess of that amount were incurred.

When Security First denied her claim, Gracia filed a lawsuit alleging breach of contract through her legal representative, The Property Advocates.

During testimony in the case, Gracia said a home inspection was conducted in 2015 before she bought the property. She replied that the report said “everything was fine” and the “roof was in good condition”.

Security First obtained a copy of this inspection report and claimed that Gracia was committing fraud, as the report indicated that both the roof and inner ceiling had been damaged in 2015. The report included photos detailing the damage and noting specific leaks in the roof.

Security First requested a summary judgment on several…

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