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3rd DCADecember 13, 2023Affirmed⭐ Notable

Universal Insurance Company of North America v. Sunset 102 Office Park Condominium Association, Inc.

Case No. 3D2022-0248

Universal appealed a $884,371.90 judgment for its insured following a Hurricane Irma property damage jury trial. The Third DCA affirmed, holding the trial court did not abuse its discretion in denying eleventh-hour leave to add a 'wet rot' exclusion defense, in denying an adverse-inference spoliation instruction where the insurer inspected four times and never sought reinspection before roof replacement, and in denying a mistrial; it also approved the concurrent cause instruction absent an anti-concurrent cause provision.

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