Patrick and Carolyn Kelso’s modest Stuart home was destroyed by Hurricane Frances and Universal Property and Casualty Insurance did not want to pay the price. Last week, on Wednesday April 19th, they became one more example of ordinary people, victim’s of natural disasters in Florida, that have to fight to get what is their due. The good news? Following a three-day trial, a Martin County jury decided in less than an hour that Universal Property & Casualty must pay the Kelsos for damages to their home caused by Hurricane Frances. As you may recall, on September 4, 2004 this category two Hurricane pounded the Martin County area for nineteen hours. Hurricane Frances lifted the home off the foundation and dropped it back down several times, causing the whole foundation to be twisted and racked. Both the engineer and contractor declared it a total loss. Big Insurance disagreed”

The monster hurricane also ripped the aluminum siding off the home and revealed a 3 foot section of termite-damaged wood. Universal Property & Casualty alleged this three-foot area was “load bearing.” In other words, the carrier denied the Kelso’s claim for over two years, alleging that the foundation was damaged before Frances by the termites. Anexpert engineer, reporting in defense of the Kelso’s testified convincingly that the house was a total loss and the cause was, undoubtedly, Hurricane Frances. Benrubi, argued that the two termite damaged boards, which measured only several feet in length, were not structurally supporting the house and had no effect, direct or indirect, on the damage the house sustained following the hurricane.