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.
Key facts
- In 2020, Richard Brito and Pamela Garcia obtained an all-risks homeowner's policy from Citizens providing building coverage on a replacement-cost basis under language tracking §627.7011(3)(a).
- In 2021, insureds submitted a roof damage claim; Citizens denied it entirely, asserting the loss was not covered under the policy.
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Holdings
- Section 627.7011(3)(a) and the policy payment-splitting provision govern how covered losses are settled; they do not operate as a cap on breach of contract damages when an insurer denies…
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