← Case library
3rd DCAJuly 1, 2026Affirmed⭐ Notable

Robertaud Toussaint v. Universal Property & Casualty Insurance Company

Case No. 2024-1344

The Third DCA affirmed a final judgment for the insurer following a jury trial in an insured's declaratory judgment coverage action. The court held the trial court did not abuse its discretion in denying a new trial on the ensuing-damage issue because the record contained conflicting evidence, including incongruities in the insured's own testimony and competing expert testimony.

Key facts

  • Toussaint sued his insurer, Universal Property & Casualty, in a declaratory judgment action seeking coverage for claimed roof damage.
  • A jury found the roof damage was excluded from coverage as the result of wear, tear, and deterioration.
  • +2 more key facts with a free trial

Holdings

  • Where the record establishes that conflicting evidence was presented at trial, an appellate court cannot conclude that the trial court abused its discretion in denying a motion for new…
  • +1 more holding with a free trial

Why it matters

The decision underscores the deferential abuse-of-discretion standard governing denial of new-trial motions where conflicting evidence exists, and reinforces that an insured challenging a coverage verdict on ensuing… — full analysis with a trial

Best value · free

Read the full opinion, holdings & search — free for 30 days

The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.

  • Search every tracked Florida decision in seconds
  • Save, tag & file the cases that matter into your own library
  • Read the full plain-English analysis and holdings
Start my free 30-day trial → No credit card required
👀 Take a quick tour of the site → 60 seconds · click a real case · no login

Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.

Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.