Nunez v. Universal Property & Casualty Insurance Co.
An insured failed to appear for an EUO; the jury was asked only whether the insurer proved the insured 'unreasonably' failed to attend, and returned a verdict for the insured. A successor judge granted a new trial under American Integrity v. Estrada but also directed a verdict that the insured had materially breached. The Third DCA affirmed the new trial but reversed the directed verdict, holding materiality of the breach was a jury question never submitted, and remanded for a new trial under the Estrada burden-shifting framework with leave to amend pleadings.
Key facts
- Insured failed to appear for a scheduled examination under oath (EUO) required by the insurance policy; insurer denied the claim based on this nonattendance.
- At trial, the jury was instructed only on whether the insured 'unreasonably' failed to attend the EUO and returned a verdict for the insured; a successor judge then granted a new trial but entered a directed verdict that the insured had materially breached the policy.
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Why it matters
This decision reinforces and applies the Third DCA's Estrada framework for post-loss obligation defenses in first-party property cases, confirming that materiality of the breach is a jury issue and that the prejudice… — full analysis with a trial
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