Citizens Property Insurance Corp. v. Salazar
Citizens paid the actual cash value of a water-damage claim; the homeowner sued for underpayment and, over Citizens' motion in limine, was allowed to prove damages with her public adjuster's replacement-cost estimate that included projected matching costs. The Third DCA held that under section 627.7011(3)(a) and the policy, the correct measure of damages until repairs are performed is actual cash value (excluding projected matching costs), so admitting the replacement-cost estimate was error, and remanded for a new trial because the failure of proof was caused by judicial error.
Key facts
- Citizens Property Insurance Corp. paid actual cash value on a homeowner's water-damage insurance claim; the homeowner subsequently sued Citizens for underpayment.
- The homeowner presented evidence of damages through a public adjuster's replacement-cost estimate that included projected matching costs, which Citizens had moved to exclude before trial.
- +2 more key facts with a free trial
Why it matters
A useful decision for property insurers defending replacement-cost claims where no repairs have been completed: it confirms that ACV, not RCV with matching, is the measure of damages until work is performed, and that a… — full analysis with a trial
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