Bressler Trial attorneys Hope C. Zelinger and Austin L. Flickstein represented American Traditions Insurance Company (ATIC) in a 2019 lawsuit brought by Jasper Contractors, Inc. (Jasper). Jasper was a roofing company and assignee of the homeowner/insured who sought a full roof replacement in excess of $130,000.00 stemming from alleged Hurricane Irma damage, despite the roof having never leaked inside the house.
Jasper claimed that the roof in question was damaged by Hurricane Irma, and that it could not be repaired for various reasons (all of which were refuted and disproved by Defendant’s expert witness). The damage was first reported a year and a half after Hurricane Irma hit and involved a roof with multiple installation issues. The evidence also revealed that the roof had never leaked inside the property since Hurricane Irma.
ATIC argued that the claimed damages were not from Hurricane Irma, but instead from improper installation, foot traffic, and thermal expansion and contraction. Hope and Austin contended ATIC was prejudiced by the late reporting of the claim (which was filed a year and a half after Hurricane Irma), and the installation of solar panels before the carrier could inspect the roof.
ATIC denied Jasper’s claim, and after three years of litigation, two mediations, and a five-day jury trial, the Orange County Florida jury found in favor of ATIC. The case was tried in front of Senior Judge Emerson R. Thompson Jr., former Chief Judge of the Fifth District Court of Appeals. Orr & Cook represented the Plaintiff. Plaintiff’s experts were Leo Cannyn and Bryan Vaughn. Defendant’s expert was Raul Rosario of NV5.