Congratulations go out to Universal Property & Casualty Insurance Company on the second Salmon & Salmon defense verdict for the company in two weeks! Jayson Serrano squared off against Mark Nation in yet another cast iron pipe case before Judge Amy Williams in Pinellas County, Florida. Mr. Serrano found a fiery venire (that’s a jury pool to you folks in Rio Linda) in St. Petersburg, Florida after back-to-back hurricanes Helene and Milton. Twenty-four of the first thirty-six potential jurors were stricken for cause. Judge Williams requested twenty more jurors.
The bias factor did not relent after the jury was empaneled late Monday afternoon. The eighty-seven year old plaintiff appeared for trial in a wheelchair. After recess on the first day, his caregiver forgot to apply his wheelchair break when they left the courthouse. Gravity took over and the wheelchair started rolling with the plaintiff seated. He broke his leg and was taken to the hospital.
Investigations go a long way when you are handling a deteriorated cast iron pipe case. These losses start off as an isolated incident, then frequent back-ups, then an insurance claim, and finally a lawsuit. But when does the loss occur? It occurs with that first isolated incident. What does an insured do after being informed of ways to correct the problem every time a plumber is called? If the answer is, “nothing,” there is a policy exclusion for “neglect.”
In closing, Mr. Serrano explained to the jury that he is not excited to represent an insurer in Pinellas County on an insurance claim where the policy says the loss is excluded. But he also told the six jurors in the box before him that they were selected because they said they would approach the case without bias or prejudice. He then explained the facts in relation to the exclusion for neglect.
After hours of deliberation, the Pinellas County jury answered the first question that Defendant proved the loss is excluded under the policy.
Attorney Kevin Vorhis handled the file before the trial and accompanied Mr. Serrano at trial.