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2nd DCAFebruary 23, 2024Reversed and Remanded⭐ Notable

Universal Property & Casualty Insurance Co. v. Tsirnikas

Case No. 2D2022-3539

In a homeowners breach-of-contract suit over dock damage, the jury found the insurer proved the loss resulted from an excepted/excluded cause but also answered a separate question fixing the actual cash value of repairs at $9,400; the trial court entered judgment for the insured on that figure. The Second District held the verdict was not legally inconsistent \u2014 so no contemporaneous objection before jury discharge was required \u2014 and that once the jury found the exclusion applied, no damages could be awarded, requiring judgment for the insurer.

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