On October 28, 2026, the Third District Court of Appeal in Florida upheld a $240,000 judgment in favor of Sandra Moise, a homeowner in Miami, after a 12‑year legal fight over a demolition‑related vibration claim.
Moise’s claim stemmed from a March 2014 demolition at a neighboring property that caused seismic vibrations which cracked floors, walls and ceilings. She filed a complaint on August 27, 2014, after the insurer Homeowners Choice denied the claim citing earth‑movement exclusions.
The insurer argued that the damage fell under policy exclusions for earth movement, settlement or soil expansion, while Moise’s expert Alfredo Brizuela testified that the vibrations alone, transmitted through limestone subsoil, were the true cause of the damage.
A jury in November 2022 found that the damage was not excluded, awarding Moise $240,000 and prejudgment interest, a decision that the insurer challenged in appeal.
The appellate court rejected all of Homeowners Choice’s arguments, noting that expert disagreement did not warrant overturning the jury’s verdict and that the policy did not automatically exclude vibration‑induced damage. The ruling clarifies that insurers cannot use earth‑movement clauses to bar coverage for vibration‑only damage without clear evidence of actual displacement.
The decision is slated to influence future insurance disputes in Florida, and Homeowners Choice has announced plans to review its claim‑denial procedures. Moise, who lives with her two daughters in a restored home, said the verdict restores her confidence in the system.