Universal Property & Casualty Insurance Co. v. Karmo
In a first-party homeowners claim arising from a water and sewage backup, a jury awarded $335,000 in replacement cost value (or $305,000 actual cash value) against Universal. The First DCA reversed the denial of Universal's motions for remittitur and new trial, holding the award was not supported by competent valuation evidence — the only admitted estimates valued the loss at about $79,680 (RCV) and $50,220 (ACV). Remanded for the trial court to determine the proper measure of damages and order remittitur consistent with the evidence.
Key facts
- Universal Property & Casualty Insurance Co. denied a homeowners claim for water and sewage backup damage to the insured's property.
- At trial, the only admitted valuation estimates valued the loss at approximately $79,680 in replacement cost value or $50,220 in actual cash value.
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Why it matters
A useful damages-proof decision for first-party property insurance litigation. It confirms that a homeowners verdict must be tethered to competent valuation evidence, and that an insurer is entitled to remittitur or a… — full analysis with a trial
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