Florida homeowners win Hurricane Ian insurance claim after 21-month fight

A Broward County jury ordered Citizens Property Insurance Corporation to cover Hurricane Ian damage to a Florida home after the insurer first denied the claim. The verdict, issued Oct. 8, 2026, also sets up more than $400,000 in attorney fees on a $45,950.93 claim.

Why it matters: - The verdict forces Citizens Property Insurance Corporation to pay hurricane-related damage after an initial denial, offering a rare win for homeowners in a disputed first-party property claim. - The case also shows how attorney fees can dwarf the underlying claim, turning a $45,950.93 dispute into a recovery likely to exceed $400,000. - The decision may matter to Florida policyholders facing late-notice disputes after storm damage is discovered months later.

What happened: - A Broward County jury on Oct. 8, 2026, found that Bryan Guerra and Meghan Fitzgerald suffered direct physical loss to their property during the policy period. - The jury rejected Citizens Property Insurance's argument that the damage came from wear and tear rather than Hurricane Ian. - The case was heard in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, under Case No. CACE-25-000605. - Patrick Montoya and Markus Kamberger of Bryson Harris Suciu DeMay represented the homeowners.

The details: - Hurricane Ian hit in 2022, but the roof damage was not immediately obvious. - In March 2024, the homeowners noticed damage from a leaking roof and were told the damage had resulted from the hurricane. - The homeowners filed an insurance claim with Citizens Property Insurance Corporation. - Citizens denied the claim, saying the notice was too late to tie the damage to a covered peril. - The insurer instead pointed to wear and tear, which was not covered. - A breach of contract lawsuit was filed in January 2025. - Montoya and Kamberger joined the case as it moved toward trial. - The plaintiffs won a judgment of just over $45,000, plus attorney fees. - Those fees are likely to exceed $400,000 after more than two years of legal work, expert testimony, wind pattern evidence and repair estimates. - A separate firm that works with Bryson Harris Suciu DeMay provided the case for trial purposes.

Between the lines: - The defense had to overcome a late-notice challenge, which created a presumption of prejudice for the insurance carrier and made the jury instructions more complex. - The verdict suggests jurors accepted the homeowners' expert-backed timeline that the hurricane caused damage that revealed itself later. - Montoya framed the case as a David-and-Goliath fight between homeowners and a large insurer.

What's next: - Citizens Property Insurance Corporation is expected to pay the damage award and the related attorney fees. - The fee amount still needs to be finalized, but the recovery could substantially exceed the original claim. - The ruling may be cited in future disputes involving delayed discovery of hurricane damage and late filing issues.

The bottom line: - After nearly 21 months of dispute, the homeowners secured a jury finding that Hurricane Ian caused their damage, not ordinary wear and tear.