Universal Property & Casualty Insurance Co. v. Rodriguez
After Universal denied the homeowners' storm-damage claim under a replacement cost value policy, the homeowners sued for breach of contract and, over objection, introduced a contractor's replacement cost estimate even though no repairs had been performed. The Sixth District affirmed, holding that section 627.7011(3)(a) and the parallel policy language limiting initial payment to actual cash value govern only covered claims and the insurer's post-loss adjustment obligations, and do not cap the damages an insured may prove when the insurer wrongfully denies coverage. The court joined the Second and Third Districts (Brito and Tio) and certified conflict with the Fourth District's majority in Qureshi.
Key facts
- Universal Property & Casualty Insurance Co. denied homeowners' storm-damage claim under a replacement cost value policy.
- Homeowners sued for breach of contract and introduced a contractor's replacement cost estimate at trial despite no repairs having been performed.
- +2 more key facts with a free trial
Why it matters
This decision deepens an existing district split on a recurring, high-volume first-party property issue — whether an insured who has not made repairs can prove replacement cost damages after a coverage denial — and… — full analysis with a trial
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