Valer v. Citizens Property Insurance Corp.
Citizens denied a homeowner's water-damage claim under the policy's constant/repeated seepage exclusion and won summary judgment after the trial court denied the insured's motion to continue the hearing pending depositions of the insured and Citizens' engineering expert. The Third DCA reversed, holding the continuance denial was an abuse of discretion where key depositions were noticed and pending and no prejudice was shown, and that the trial court misallocated the burden of proof by requiring the insured to disprove an exclusion under an all-risk policy.
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