Laura Acosta and Ruben Sola v. Citizens Property Insurance Corporation
The 4th DCA reversed a trial court's grant of judgment notwithstanding the verdict (JNOV) in a Hurricane Irma property insurance coverage dispute, holding that competing expert testimony on causation constituted competent substantial evidence sufficient to sustain the jury's verdict. The court ruled that the trial judge impermissibly reweighed conflicting evidence when it substituted its own interpretation of roof photographs for the jury's factual determination.
Key facts
- Homeowners filed a declaratory judgment action after Citizens denied their Hurricane Irma claim (reported September 2018), attributing roof and interior water damage to wear, tear, and deterioration rather than a covered wind-created peril.
- At trial, both parties' experts agreed the roof photographs depicted damage and that a roof opening existed; they disputed only causation — whether the opening resulted from Hurricane Irma's winds or pre-existing wear and tear.
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Holdings
- JNOV is appropriate only when there is no evidence upon which a jury could rely in finding for the non-movant; competent substantial evidence — including competing expert opinions on…
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