Clifton Weston and Valona Weston v. Universal Property & Casualty Insurance Company

Summary

The Florida Second District Court of Appeal reversed a final judgment entered for Universal Property & Casualty Insurance Company in a homeowners insurance dispute involving storm-related roof damage. The court held that factual disputes concerning the extent of roof and interior damage, ordinance-or-law coverage, actual cash value, and the insurer's payment obligations should have been submitted to the jury. The case was remanded for a new trial.

Holdings

1. The trial court erred in directing a verdict for Universal because the Westons presented evidence from which a reasonable jury could find that Universal failed to pay the actual cash value of the loss.
2. The policy and section 627.7011(3)(a) did not require the Westons to undertake roof replacement or incur repair expenses before suing where Universal rejected their claim that roof replacement and related repairs were covered.
3. The trial court erred in directing a verdict based on Universal's field-adjuster's estimate because the policy did not require the Westons to submit an actual-cash-value estimate before filing suit, and the Westons had submitted repair estimates before suit.

Questions Presented

1. Whether the trial court erred in directing a verdict against the Westons on the ground that they presented no evidence that Universal failed to pay the actual cash value of the covered loss.
2. Whether the policy and section 627.7011(3)(a), Florida Statutes (2020), required the Westons to begin replacing the roof and incur repair expenses before suing for additional amounts after Universal rejected their claim for roof replacement and related damages.
3. Whether the trial court erred in directing a verdict based on Universal's pre-suit estimate and payment when the policy did not require the Westons to provide an actual-cash-value estimate before filing suit.

Disposition

reversed_and_remanded