Citizens Property Insurance Corp. v. Barberan
Citizens appealed a jury verdict for homeowners on a sinkhole breach-of-contract claim, arguing the jury should have been instructed that the insureds bore the burden of proving 'structural damage' as defined by the 2011 amendment to section 627.706(2). The Second District affirmed, holding the statutory addition of a 'structural damage' definition did not alter the traditional all-risks burden-shifting framework.
Key facts
- Citizens Property Insurance Corporation appealed a jury verdict awarding homeowners damages on a sinkhole breach-of-contract claim under an all-risks homeowners insurance policy.
- The trial court instructed the jury that the insureds needed only prove damage occurred during the policy period, placing the burden on Citizens to prove the damage was entirely caused by an excluded peril.
- +2 more key facts with a free trial
Why it matters
This decision forecloses a recurring insurer argument that the statutory 'structural damage' definition shifts a heightened burden onto sinkhole claimants at trial. First-party property counsel can cite Barberan to… — full analysis with a trial
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