From the NEW Verdicts & Settlements section of FC&S Legal: The Insurance Coverage Law Information Center: Finding in Favor of Insurer, Jury Rejects Homeowners¹ Bid for $600,000 for Water Damage to Their Home A Florida jury has rejected a couple’s claim that they were entitled to $600,000 from their homeowner’s insurance company for water damage to their residence, finding that the damage claimed by the couple had not been caused by water flowing from a water spout that had been left on overnight. Facts & Allegations Andres and Doris Cabo alleged that on January 11, 2011, their residence in Miami-Dade County sustained property damage as a result of their daughter leaving the kitchen faucet’s filtered water spout on overnight. The couple filed a claim with their insurance carrier, Security First Insurance, for water damage to their home.

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VERDICTS & SETTLEMENTS
FINDING IN FAVOR OF INSURER, JURY REJECTS HOMEOWNERS’
BID FOR $600,000 FOR WATER DAMAGE TO THEIR HOME
Steven A. Meyerowitz, Esq., Director, FC&S Legal
July 22, 2015
A Florida jury has rejected a couple’s claim that they were entitled to $600,000 from their homeowner’s insurance company
for water damage to their residence, finding that the damage claimed by the couple had not been caused by water
flowing from a water spout that had been left on overnight.
Facts & Allegations
Andres and Doris Cabo alleged that on January 11, 2011, their residence in Miami-Dade County sustained property
damage as a result of their daughter leaving the kitchen faucet’s filtered water spout on overnight. The couple filed a
claim with their insurance carrier, Security First Insurance, for water damage to their home.
Security First issued payment for the repair and replacement of the standalone kitchen island that had sustained water
damage. The Cabos alleged, however, that their residence had sustained extensive water damage to the kitchen cabinets
and marble flooring throughout the entire property, as well. They claimed that Security First had declined to pay
additional monies for the rest of the damage.
The Cabos sued Security First for breach of contract for refusing to pay for additional water damage to the property,
seeking $600,000 in damages resulting from water loss to their property. The couple claimed estimates prepared by a
public adjuster and general contractor linked the damaged kitchen cabinets and marble flooring to the flooding water
that had been caused by their daughter.
The defense argued that Security First had properly denied paying additional monies to the Cabos and that the couple’s
claimed damage to the kitchen cabinets and marble flooring was wholly unrelated to the alleged water loss.
The defense entered into evidence photographs of the claimed damaged areas that, it claimed, showed no damage.
Defense counsel also argued that the subject area had been inspected and tested by a licensed engineer who concluded
that the property damage was not linked to the water from the filtered water spout incident.
Result
After a three day trial, the jury found that the damage claimed by the Cabos was not caused by water flowing from a water
spout that was left on overnight on January 11, 2011.
The case is Cabo v. Security First Ins., No. 11-11083-CA-13 (Fla. Miami-Dade Co. Cir. Ct. July 8, 2015). Attorneys involved
include: Plaintiff Attorney(s): Spencer J. Charif; Charif Law; Miami, FL, for Doris Cabo, Andres Cabo; Alonso Martin; Charif
Law; Miami, FL, for Doris Cabo, Andres Cabo; Defense Attorney(s): Maria Medina; Diaz Briscoe Medina; Miami, FL, for
Security First Insurance.
FC&S Legal Comment
This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the
reporter’s phone calls.
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