The owners of a Fisher Island condo have prevailed in their water damage-mold suit against their insurance carrier.
Jacoby and Veranda Dickens filed suit in early 2013 against Castle Key Insurance Co. for breach of contract after the company failed to pay for alleged water damage-mold in a powder room.
In April 2013 Jacoby Dickens died, and the suit was amended to add Veranda Dickens. The plaintiffs claimed the property was damaged by water suddenly escaping from a master bedroom shower.
The company argued the water damage was neither sudden nor accidental. The jury agreed with Dickens, finding she proved by the greater weight of evidence that water escaped from the master bedroom source and awarded $139,383.
Case: Dickens v. Castle Key Insurance
Case No.: 1:13-cv-20300-CMM
Plaintiffs attorneys: Heather Ann Rutecki, Rutecki and Associates, Miami; Dale S. Dobuler and Danya J. Pincavage, Ver Ploeg & Lumkin, Miami
Defense attorneys: Daniel T. Doyle and Brian C. Hunter, Chimpoulis & Hunter, Davie