Vazquez v. Citizens Property Insurance Corp.
The Third DCA held that under the current version of section 627.7011(3)(a) and a replacement-cost policy, an insurer's initial 'actual cash value' payment is limited to the property that sustained direct physical loss, and matching costs under section 626.9744 are not recoverable as ACV before repairs are actually performed. The court affirmed the order in limine excluding matching-cost evidence but reversed the final judgment on the breach of contract claim because the trial court effectively granted summary judgment through a motion in limine without notice, and reversed the directed verdict on the declaratory count as moot and procedurally improper.
Key facts
- Citizens Property Insurance Corp. issued a replacement-cost homeowner's policy to Vazquez; the insurer paid actual cash value but refused to pay matching costs before repairs were performed.
- Vazquez sued for breach of contract and sought declaratory relief that matching costs under Florida Statutes section 626.9744 were owed as part of the initial ACV payment.
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Why it matters
This is a significant first-party property decision for insurers and policyholders alike: it holds that matching costs under section 626.9744 are not part of the initial ACV payment and cannot be recovered until repairs… — full analysis with a trial
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