Bryan Guerra and Meghan Fitzgerald spent months tangled in a legal battle after their insurance company rejected their claim. It’s been a long wait, but it finally paid off.
On Oct. 8, 2026, a Broward County jury told their insurer to pay more than $400,000 for a repair originally priced at just under $46,000. Their lawyers at Bryson Harris Suciu DeMay called the verdict a clear win.
Patrick Montoya, the lead counsel, put it simply: “The needle moved a little more towards justice with this decision.” Montoya’s been handling tough commercial litigation and first-party property cases in Miami for over twenty years. He said Guerra and Fitzgerald’s insurer left them stranded with unfair delays before denying their claim outright. “Now, the insurance company has to pay that bill—and another one for making our clients fight this hard,” Montoya explained.
The defendant, Citizens Property Insurance Corporation, is a “last resort” insurer, created by the state to cover homeowners who can’t get private coverage.
So how does a $46,000 claim become a $400,000 payout?
It all started when Hurricane Ian slammed into Florida on Sept. 28, 2022, one of the deadliest storms in state history. The couple’s house seemed okay at first, but water started leaking in through the roof later on. They submitted an insurance claim to Citizens, but Citizens rejected it.
Citizens argued the claim came too late, and the roof was just suffering usual “wear and tear.” Guerra and Fitzgerald didn’t buy it. Senior counsel Markus Kamberger pushed back, saying “the roof was within its lifespan, and experts concluded the hurricane caused the damage.”
In January 2025, they sued for breach of contract. Montoya and Kamberger took the case to trial, and after a full hearing in October 2026, the jury sided with the homeowners. They found Hurricane Ian had caused direct damage during the policy period, overturning the denial. Montoya called it a classic David-and-Goliath story, and “Davids can still win.”
This isn’t just an isolated case. Citizens’ approach to claims has fueled controversy for years. ProPublica reported last September that Citizens wins over 90% of insurance disputes in arbitration, and more than half in court. As private insurers have bailed out of Florida, Citizens has become the state’s largest home insurer. Florida homeowners face the highest average premiums in the country, according to Insurance.com, and many simply have no alternatives.
Insurify found in 2024 that Citizens didn’t pay out many claims for Hurricane Helene and Hurricane Milton. For Hurricane Debby, three-quarters of claims got closed as unpaid. Citizens told News4JAX that was because the damages stemmed from flooding, which isn’t covered. The Washington Sun report pointed out that Citizens does not count claims closed for lack of coverage or those under the deductible as “denials.”
Citizens CEO Tim Cerio stated they denied only 13% of claims for Hurricanes Debby, Helene, and Milton, a figure much lower than what independent groups reported.
Martin Weiss from WeissRatings wasn’t having it. He told The Washington Sun, “If I file a claim and I get a letter saying it’s closed with no payment, I don’t care what word they use—my claim’s been denied.”
Florida stepped in, and policyholders got an average 8.7% premium reduction, according to the governor’s office.
If the insurance company rejects your claim, what steps can you take?
A denial doesn’t have to be the end. Florida’s hurricane deductibles can get expensive, and some policies demand homeowners cover the first few thousand in damages before insurance kicks in.
Here’s how you protect yourself:
– Take clear, time-stamped photos of your roof, ceilings, and exterior before and after any big storm.
– Report damage as soon as you spot it, even if leaks show up months later.
– Hire an independent specialist to document cause; don’t rely on the insurer’s inspector alone.
– Read your policy for arbitration requirements and time limits and talk to an insurance attorney about your rights.
Guerra and Fitzgerald fought for nearly two years and spent hundreds of thousands in legal fees to win. That’s not realistic for every homeowner. But Montoya summed up the lesson: “We knew we could connect everything to Hurricane Ian, and we knew we could help these people fight this huge company.” For those staring down a denial, it’s proof there’s still hope.
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