LUIS & MARTHA SANCHEZ vs. STATE FARM FLORIDA INSURANCE COMPANY
(Case No.: 05-19874 CA 21; Judge: Mary Barzee-Flores; Date: February 4, 2008)

Defendants’ Attorneys:  MICHAEL P. RUDD and THERESA A. STRUB

BREACH OF CONTRACT:  This breach of contract lawsuit arose from an alleged water loss to the Plaintiff’s property on or about July 8, 2005.  Prior to suit being filed, State Farm requested that the Insured, Martha & Luis Sanchez, sit for an Examination Under Oath on two separate occasions.  Both requests were made to no avail.  State Farm also requested that the insured submit a Sworn Statement in Proof of Loss to quantify the damage to their home.  This request was also made to no avail.  

Prior to State Farm completing their investigation, the insured filed suit, alleging that State Farm breached their contract of insurance with the insured by failing to render payment for a covered loss.  State Farm, in turn, alleged that the Plaintiffs were barred from recovery due to their failure to perform their duties after loss, as set forth in their homeowners’ insurance policy.  Specifically, State Farm alleged that the Plaintiffs’ failure to submit to an examination under oath and failure to submit a Sworn Statement in Proof of Loss precluded recovery.

Demand: $100,000.00, inclusive of fees.

Offer: $13,500.00

A jury unanimously found that the Defendant did not breach their contract of insurance with the Plaintiffs and were therefore not liable for the alleged water loss.