Universal Property & Casualty Insurance Company v. Tracy Kealy
The Third DCA affirmed (2-1) the Miami-Dade Circuit Court's jury instructions and verdict form in an all-risks property insurance dispute, reaffirming that trial courts have broad discretion over jury instructions and that Florida's established burden-shifting framework must be reflected in the verdict form.
Key facts
- Tracy Kealy (insured) brought a property insurance claim against Universal Property & Casualty Insurance Company under an all-risks policy; the underlying case was filed in Miami-Dade County Circuit Court (Lower Tribunal No. 21-16374-CA-01).
- Following a jury trial before Judge Barbara Areces, Universal Property appealed the final judgment, challenging the propriety of the jury instructions and verdict form used at trial.
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Holdings
- Trial courts are accorded broad discretion in their decisions to give particular jury instructions, and such decisions will not be reversed on appeal absent prejudicial error.
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