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.
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