Elisa Gonzales v. Citizens Property Insurance Corporation
The Third DCA affirmed summary judgment for Citizens Property Insurance in a named perils wind-damage claim, applying settled rules that the insured bears the burden to prove a covered peril caused the loss, that a sham affidavit contradicting deposition testimony cannot defeat summary judgment, and that unpreserved arguments may not be raised for the first time on appeal.
Key facts
- Elisa Gonzales submitted a property insurance claim to Citizens Property Insurance Corporation under a named perils policy, alleging that wind caused damage to her property.
- Citizens moved for summary judgment in the Miami-Dade Circuit Court (Lower Tribunal No. 22-1862-CA-01, Judge Tanya Brinkley), arguing Gonzales lacked sufficient evidence that a covered peril caused her claimed loss.
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Holdings
- Under a named perils policy, the insured bears the burden to prove that a covered cause of loss caused the damage; the insurer on summary judgment need only demonstrate an absence of…
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