Universal Property & Casualty Insurance Co. v. Tsirnikas
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 — so no contemporaneous objection before jury discharge was required — and that once the jury found the exclusion applied, no damages could be awarded, requiring judgment for the insurer.
Key facts
- Universal Property & Casualty Insurance Co. sought damages denial in a homeowners insurance dispute with Tsirnikas over dock damage covered by a homeowners policy.
- At trial, the jury found the insurer proved the loss resulted from an excepted/excluded cause under the policy, but also answered a separate interrogatory fixing the actual cash value of repairs at $9,400.
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Why it matters
Useful for insurers and defense counsel confronting the argument that failing to object before jury discharge waives a challenge to a damages award coupled with a no-liability finding — the court reaffirms the Oliveira… — full analysis with a trial
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