Citizens Property Insurance Corp. v. Arias

In a first-party homeowners water-damage case, the Third DCA reversed a final judgment for the insureds along with three partial summary judgment orders on Citizens's coverage defenses, an order denying leave to add a septic-tank back-up exclusion defense, and an order striking Citizens's engineering expert under Daubert. The court held that the engineer's inspection report created genuine issues of material fact on causation, that the trial court invented unsupported limitations on the policy's wear-and-tear and constant-or-repeated-seepage exclusions, and that striking the expert was an abuse of discretion.

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