Robertaud Toussaint v. Universal Property & Casualty Insurance Company
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.
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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…
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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
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