Kalkstein v. State Farm

Summary

A Florida state court jury has sided with State Farm in a lawsuit filed by a couple claiming the insurer refused pay for roof damage they claim occurred in a severe thunderstorm despite their homeowners policy supposedly covering it.

The West Palm Beach County jury returned their verdict on September 2nd following a two day trial. Plaintiffs Andrea and Scott Kalkstein claim their “all risk” homeowners policy should have covered damage they say occurred during a severe thunderstorm that hit during the policy period, however State Farm successfully argued the roof leak occurred due to “wear and tear” that predated the storm.

The plaintiffs maintained they never saw any evidence of water damage prior to the September 2023 thunderstorm and accused State Farm of performing a “cursory” inspection of their property, seeking roughly $52,000 in damages to cover the needed repairs, however State Farm convinced the jury the presence of rusted nails at the leak site indicated water had been entering the roof for months.

Outcome

Verdict for the defense

Blog Posts

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