The complaint consisted of three counts: mandatory injunction/specific performance, declaratory judgment, and breach of contract/rescission.ĭespite the fact that Valentin had authorized People’s Trust to perform repairs on the property, People’s Trust believed that her failure to comply with her post-loss obligations may have relieved it of its obligation to do so. In late June 2018, upon Valentin’s failure to comply with its requests to complete a sworn proof of loss or appoint an appraiser, People’s Trust filed suit. Valentin did, however, execute a work authorization, which authorized People’s Trust’s contractor to perform the covered repairs on the property. People’s Trust also alleged that it invoked the policy’s appraisal provisions, but Valentin did not cooperate in that process. People’s Trust asserted that nearly a year after the loss, Valentin submitted a sworn proof of loss, but People’s Trust argued that it had not been properly filled out. In July 2017, Valentin’s house sustained water damage from an apparent roof leak.Īccording to the allegations of People’s Trust’s complaint, the insurer repeatedly requested several documents from Valentin prior to the filing of the underlying suit, including a sworn proof of loss. The policy included a preferred contractor endorsement. Yesenia Valentin owned property in Florida that was insured under a homeowners policy with People’s Trust Insurance Company.
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