SFR Services, LLC a/a/o Michael Carbonara and Mary Carbonara v. Tower Hill Prime Insurance Company
In an AOB suit arising from Hurricane Irma roof damage, the trial court directed a verdict for the insurer because the assignee's repair estimate did not account for depreciation in proving 'actual cash value.' The Sixth DCA reversed, holding that because the policy defined ACV as repair/replacement cost 'subject to a deduction for deterioration, depreciation and obsolescence as determined by us,' the policy language placed the burden of establishing depreciation on the insurer, not the insured/assignee.
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