Florio v. Florida Insurance Guaranty Association, Inc.
A homeowner suing FIGA (substituted for his insolvent insurer) for fire damage had a directed verdict entered against him on his personal property/contents claim because he never introduced a professional inventory, and was barred in limine from presenting damages evidence exceeding FIGA's $500,000 statutory cap. The Fifth DCA reversed, holding that the insured's own testimony, photographs, receipts, and a stipulated-in list of removed items sufficed to reach the jury on replacement-cost contents damages, and that section 631.57(1)(a)2.'s cap is a post-verdict ceiling that does not limit the evidence an insured may present.
Key facts
- Homeowner sued FIGA (substituted for his insolvent insurer) for fire damage to his home, asserting claims for both structural damage and personal property/contents losses under a replacement-cost homeowners policy.
- At trial, the court granted a directed verdict against the homeowner on his contents claim because he failed to present a professional inventory, and barred him in limine from introducing damages evidence exceeding FIGA's $500,000 statutory cap.
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Why it matters
The opinion gives first-party property practitioners two usable holdings: a replacement-cost contents claim can survive directed verdict on owner testimony plus photos and receipts without a professional inventory, and… — full analysis with a trial
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