Vazquez v. Citizens Property Insurance Corp.
In a first-party homeowners property case, the Third District held that under the current version of section 627.7011(3)(a) and the matching statute (section 626.9744), an insurer's initial obligation to pay actual cash value is limited to the property that sustained direct physical loss, and matching costs for undamaged adjoining items are not recoverable until repairs are actually performed. The court therefore affirmed the order in limine excluding matching-cost evidence, but reversed the final judgment entered on the breach of contract claim because the trial court effectively granted summary judgment without a motion or notice, and reversed the pre-trial directed verdict on the declaratory count as moot and procedurally improper.
Key facts
- Homeowner Vazquez filed a first-party property insurance claim against Citizens Property Insurance Corp. for damages to his home, including matching costs for undamaged adjoining items that would need replacement to blend with repaired areas.
- The trial court granted the insurer's motion in limine excluding evidence of matching costs and entered final judgment on the breach of contract claim without a formal summary judgment motion, and issued a directed verdict on the declaratory judgment count before trial.
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Why it matters
This is a quotable Third DCA decision on the hotly litigated matching-costs issue in first-party property claims, squarely holding that matching is not part of the insurer's initial ACV obligation and distinguishing… — full analysis with a trial
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