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The Proof Is in the Pudding Weather Records: Court Rejects Wind Damage Claim Due to Negligible Wind Speeds on Purported Date of Loss

Sarah Goldberg, of our Miami office, prevailed on a summary judgment motion for our client, a homeowners’ insurer. The insured sued the insurer for alleged wind damage sustained to his roof that, according to his complaint, occurred on August 7, 2018. During discovery, the plaintiff and his public adjuster explained that the date of loss was actually March 20, 2018. The insurer retained an engineer who found that there were negligible wind speeds for both of those purported dates of loss and that such wind speeds were insufficient to cause roof damage. In opposing the motion for summary judgment, the insured’s public adjuster argued simply that the roof damage was wind-related but failed to mention anything about the weather conditions on the purported dates of loss. The court rejected the public adjuster’s affidavit as it made nothing more than unfounded conclusory statements, and it granted summary judgment in favor of the insurer.

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