Brito v. Citizens Property Insurance Corporation
The Second District reversed a directed verdict for Citizens Property Insurance, holding that the payment-splitting provision of §627.7011(3)(a) applies only to covered claims and cannot be used to limit a policyholder's damages evidence when the insurer has completely denied coverage. The court aligned with the Third District's Tio decision, expressly rejected the Fourth District's contrary Qureshi majority, and certified conflict.
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