RumbergerKirk attorneys Darryl Gavin and team obtained a defense verdict in Miami-Dade Circuit Court in D. Maria Garcia vs. Anchor Property and Casualty Insurance Company.

The case arose from an alleged plumbing backup in two bathrooms of Plaintiff’s home, in which the carrier denied the claim based on Plaintiff’s failure to comply with the homeowners policy’s conditions. Specifically, Plaintiff failed to preserve any evidence of the alleged backups and failed to allow the carrier to inspect the allegedly damaged cast-iron pipe prior to its removal and disposal.

Plaintiff was seeking over $100,000 in repairs due to the alleged category 3 blackwater loss, including replacement of the entire cast-iron pipe system and the flooring throughout her home. After deliberating for 12 minutes, the jury returned the verdict in the Defendant’s favor on December 11, 2019.