When presenting an insurance claim for your home or business, it is important to remember the need to present evidence regarding your loss. Evidence can be in the form of photos, statements, documents, video, etc. Without the right evidence, your insurance claim may be denied and attorneys may have a tough time opposing a summary judgment motion in your case.
In a recent case, Yoani Fernandez, et. al. v. Citizens, the Third District Court of Appeals reminds us that the testimony of a witness is enough to create an issue of fact for purposes of summary judgment. Mr. and Mrs. Fernandez’s (the Insureds) property was damaged as a result of Hurricane Irma. The Insureds had evacuated the property before Hurricane Irma hit. When they returned after the passing of the storm, the front door had been cracked open by the wind and water had entered the property. The Insured, Mr. Fernandez provided testimony regarding the damages that he saw after the storm and the repairs that he did immediately after to allow the door to close properly. The testimony of the Insureds was sufficient to create an issue of fact to survive summary judgment in that particular case.
Each insurance claim and each insurance case is different. But it is always incumbent on the insured to be able to provide some evidence of what the damage was, whether it be through testimony, photos, records, etc.
Alvarez Law Group
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