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4th DCAMarch 18, 2026Affirmed⭐ Notable

Homeowner's Choice Property & Casualty Ins. Co. v. Deborah Oakes

Case No. 4D2024-1873

After a homeowner's ceiling collapsed in 2020, Homeowner's Choice denied the claim and appealed a $80,772 jury verdict in favor of the homeowner. The insurer challenged the trial court's partial summary judgment finding that only the exclusions within the policy's Additional Coverage – Collapse provision — not the general Section I exclusions — could bar the collapse claim. The Fourth DCA affirmed the verdict, but declined to reach the merits on the coverage law question, holding instead that the insurer failed to preserve its legal arguments below by not presenting specific legal analysis, distinguishing authority, or textual arguments — providing only a document dump without legal argument.

Key facts

  • In September 2020, a ceiling collapsed in the secondary home on Deborah Oakes's property; she reported the claim to Homeowner's Choice Property & Casualty Insurance Company, which denied coverage after investigation, citing general Section I exclusions including faulty construction/maintenance and fungi/rot.
  • Oakes's homeowners policy contained a self-contained 'Additional Coverage – Collapse' provision within Section I – Property Coverages that listed its own specific exclusions without any cross-reference to the general Section I – Exclusions; the Perils Insured Against section for Coverages A and B expressly excluded collapse 'except as provided in' the Additional Coverage – Collapse provision.
  • +2 more key facts with a free trial

Holdings

  • Issues not properly preserved are waived; to be preserved, the specific legal argument to be argued on appeal must be part of the presentation to the lower court. Sunset Harbour Condo…
  • +5 more holdings with a free trial

Why it matters

A strong reminder that preservation of legal arguments is the threshold requirement for appellate review. Insurance defense practitioners must present complete, specific legal arguments — including textual analysis and… — full analysis with a trial

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