STUART, Fla., Aug. 29, 2017 /PRNewswire/ -- For a plaintiff's attorney, it's a good sign when the jury asks if there is a cap on the amount they can award to your client.
It's even better when the jury poses that question just 30 minutes into their deliberations.
That's what happened last week, as attorney Mark Nation, of the Nation Law Firm, successfully represented Stephen Miller and Danielle Miller in their case against American Integrity Insurance Company of Florida. (Read the complaint here.) American Integrity denied the Millers' water damage claim in 2016. The jury determined that this denial was a breach of contract.
The plaintiffs discovered water damage to their Palm City, Florida home in February 2016: tile grout and discoloration, deteriorated sill plates, discolored flooring, and fungal growth. They immediately filed a claim and were shocked when American Integrity quickly denied it.
"Every insurance case I've ever won had one thing in common," Mr. Nation said. "They all started with 'No.'"
The damage was extensive and would cost $18,196.40 to repair. Given the language of the Millers' insurance policy—which Mr. Nation highlighted for the jury on a 70" smart whiteboard—it clearly should have been covered. But as is so often the case, the insurance company tried to wriggle out of its responsibilities.
It would cost American Integrity—not only the $18,196.40 (the maximum award possible), but potentially hundreds of thousands of dollars in attorney fees.
Stephen and Danielle Miller were ecstatic with the verdict. "Despite the insurance company's best efforts to convince the jury that they were not responsible to pay us for this claim, we walked out victorious," Stephen Miller said.
Mr. Miller added, "I feel great knowing that we won and knowing that our case can help other people American Integrity might be trying to take advantage of."
Now that he's won this case, Mr. Nation may be able to file a Bad Faith lawsuit against American Integrity for wrongfully denying the Millers' claim. As with the original lawsuit, he will only collect a fee if he wins.
Mr. Nation has a message for anyone whose home or business has suffered water damage and had their claim denied: "Do not be intimidated, and do not give up. Even if you think there is nothing that can be done, let me look at your insurance denial for free."
CASE NUMBER: 2016-551-CA Filed in Martin County, Florida circuit court