Manor House, LLC v. Citizens Property Insurance Corp.
Insureds whose apartment buildings were damaged by Hurricane Frances sued Citizens for breach of contract and fraud after years of delay in adjusting and paying the claim. The Fifth DCA held that the insureds may pursue extra-contractual consequential damages for lost rental income on a breach of contract theory despite the policy not covering lost rent if the parties contemplated such damages at the contract's inception, and that Citizens' statutory immunity from first-party bad faith does not bar such a contract-based claim. The court affirmed summary judgment that each side bears its own appraiser fee and half the umpire's fee, and affirmed judgment on the pleadings on the fraud count.
Key facts
- Manor House, LLC and other apartment building owners sued Citizens Property Insurance Corp. for breach of contract and fraud after Citizens delayed adjusting and paying their claims for Hurricane Frances damage.
- The trial court granted summary judgment in Citizens' favor on the consequential damages claim, ruled that each party bears its own appraiser fee and half the umpire's fee, and granted judgment on the pleadings dismissing the fraud count.
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Why it matters
This opinion (later reviewed by the Florida Supreme Court) is a significant first-party property decision: it endorses recovery of extra-contractual consequential damages such as lost rents in a straight… — full analysis with a trial
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