--- title: "Jury Sides With Universal in Tropical Storm Eta Damage Case" meta: "og:description": "A Miami jury denied damages to Henry and Rosa Pena, finding no storm-related loss during their insurance policy period." "og:title": "Jury Sides With Universal in Tropical Storm Eta Damage Case" description: "A Miami jury denied damages to Henry and Rosa Pena, finding no storm-related loss during their insurance policy period." --- May 27, 2025 # **Jury Sides With Universal in Tropical Storm Eta Damage Case** A Miami jury denied damages to Henry and Rosa Pena, finding no storm-related loss during their insurance policy period. [**Property damage**](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/jury-verdict/category/property-damage) [**Insurance Dispute**](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/jury-verdict/category/insurance-dispute) ### **Outline** Author ![](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/_ipx/q_80/user-default.svg) **Angad Chatha****Angad Chatha is a law graduate from Amritsar, Punjab, with over two years of experience in legal research and analysis. He has developed a strong niche in working with expert witnesses, providing critical support in preparing legal research and case studies. Known for his analytical mindset and attention to detail, Angad consistently delivers thorough and well-grounded insights that enhance case summaries. His commitment to accuracy and a deep understanding of legal frameworks make him a valuable asset in complex legal sector.** ![Article Image](https://media.jurimatic.com/cdn-cgi/image/q=70/images/default_1.webp) A Miami jury denied damages to Henry and Rosa Pena, finding no storm-related loss during their insurance policy period. ## **Case Background** Henry and Rosa Pena owned a home in Miami Gardens, Florida. Their property was insured by Universal Property & Casualty Insurance Company (UPCIC). The policy covered wind and water damage. It remained active and fully paid during all relevant times. ### **Events Leading to the Legal Dispute** On February 9, 2020, Tropical Storm Eta struck the area. Strong winds and rain battered the Penas’ home. They reported the damage to UPCIC and cooperated with the investigation. The insurer acknowledged some damage but denied full roof coverage. It offered only a partial payment for interior repairs. This denial led to a legal dispute. ### **Plaintiffs’ Injuries and Their Impact** The storm severely damaged the roof. Rain entered the home and ruined parts of the interior. The property’s structural integrity suffered. The Penas experienced stress and disruption to daily living. ### **Claimed Damages** The Plaintiffs sought compensation for roof repairs, interior restoration, and associated costs. They claimed the insurer failed to pay for covered losses. They requested attorney’s fees, court costs, and legal interest. The Plaintiffs also cited breach of policy obligations. ## Key Arguments and Proceedings ### Legal Representation - **Plaintiff:** Henry Pena - **Counsel for Plaintiff:** Erika L. Pardo | Christopher Herrera - **Expert Witness for Plaintiff:** [Alfredo Brizuela](https://expertwitnessprofiler.com/expert-witness/Alfredo-Brizuela/1510065) | [Santos Leal](https://expertwitnessprofiler.com/expert-witness/Santos-Leal/1556409) | [Grant W. Renne](https://expertwitnessprofiler.com/expert-witness/Grant-Renne/1538221/) - **Defendant:** Universal Property & Casualty Insurance Company - **Counsel for Defendant:** Christina M. Valencia ### Claims **Breach of Contract** Universal Property & Casualty Insurance Company issued a homeowners’ insurance policy covering storm-related damage. The company had a contractual duty to pay for covered losses. It failed to pay the full amount owed after the Plaintiffs submitted a valid claim. The insurer acknowledged coverage for interior damage but denied payment for roof damage, which was also covered. This refusal breached the terms of the policy. **Underpayment of Covered Losses** The Plaintiffs suffered a direct physical loss from Tropical Storm Eta. Despite a timely claim and full cooperation, the insurer undervalued the damage. It issued a payment based on its own estimate, which fell short of the cost to repair. This underpayment left the Plaintiffs with significant uncovered expenses. **Failure to Honor Policy Obligations** The Plaintiffs fulfilled all policy requirements. They paid all premiums and complied with post-loss duties. The insurer failed to meet its obligation to fully indemnify them, violating its duty under Florida law. **Legal Costs** The Plaintiffs were forced to retain legal counsel to recover owed benefits. They seek attorney’s fees, interest, and court costs due to the insurer’s failure to resolve the claim properly and in good faith. ### **Defense** UPCIC argued the Plaintiffs reported the loss 459 days late. It claimed this delay prejudiced the investigation. The company also cited policy exclusions, including wear and tear, faulty maintenance, and constant seepage. It denied any direct physical loss during the policy period. UPCIC stated required documents were missing and referenced a prior claim. ### **Jury Verdict and Outcome of the Case** On February 27, 2025, the jury ruled for Universal Property & Casualty Insurance Company. Jurors found the Plaintiffs did not prove the storm caused direct physical loss within the policy period. As a result, the Plaintiffs received no compensation. The case ended in favor of the insurer. ## **Court Documents** [Complaint](https://www2.miamidadeclerk.gov/ocs/ImgViewerWF.aspx?QS=B6%2f9EwnZlIiih%2bgqiU8rawLJW%2bj4E30XGWoN6L%2b82TkL24n4kWpW8GxOrPvEJ%2f6MMfIF2uBvy5OqvhPLHtlBJpB%2b5Y2FBgqsERtTKTzgymR9ek7eiElzKn1fyXMNHa6OiHfxC3soDxKl4EdsS9BJpR6CHs7yDDNflu3Kh%2fqKvuSRFYo%2fkACX4PbvWijOmsvm0k%2fkrmXsIgPTzZPUcNqyMtThSbvJGbAyXKjlX%2bZ0lTzzKuQ0FbwF0rtMyRlh1x6SCurTs3TkRD6ZtlT%2fx3mYkBEEnpJwZ0R9Ol4R61SO55OuFVaVA5eF2Q%3d%3d) [Verdict](https://www2.miamidadeclerk.gov/ocs/ImgViewerWF.aspx?QS=B6%2f9EwnZlIiih%2bgqiU8rawLJW%2bj4E30XGWoN6L%2b82Tlnuq3Rb8v9eA%2fphIsfRgmfSMiu%2b1XN6Y%2bNtogBX3H4eoN7TGAO3WPOr8pnIrpf6hFl0jXKdXCsp0zA0ZUboTsgICxpzrcpuizioHqQEcXMWkmyxUntk0NqHNIUNrihWlA52hQHW9sXkgQV59RouSlMNtXarXRCTxFnq6SM9q9RCngse4lKsj2SQFCdvOccP%2beigX4O69DfP1wcdA6msvzHupyP24sMEHuJOujcycahD3HWtF6pLC%2bjo51vUstKuDTrT0CwfK79TxfH3hJJJpRQEVc0zR3lgRY%3d) [Share with Facebook](https://www.facebook.com/sharer/sharer.php?u=https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case) [Share with X](https://x.com/intent/post?url=https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case&text=x) [Share with LinkedIn](https://www.linkedin.com/sharing/share-offsite/?url=https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case) [Share with Email](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/mailto:?body=https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case&subject=email) [Share with WhatsApp](https://api.whatsapp.com/send?text=https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case%20whatsapp) ### **Find your next Expert Witness today** ![Sanjay Adhia](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/_ipx/q_80/user-default.svg) ###### **Sanjay Adhia** Forensic Psychiastry ![George Reis](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/_ipx/q_80/user-default.svg) ###### **George Reis** Forensic Imaging ![Maria Babinetz](https://exlitem.com/jury-verdict/jury-sides-with-universal-in-tropical-storm-eta-damage-case/_ipx/q_80/user-default.svg) ###### **Maria Babinetz** Vocational Rehabilitation Find and retain experts without brokerage or upcharge. ### Looking for more? 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