Citizens Property Insurance Corporation v. Sandra Blanco and Carlos Luis Blanco

Summary

The Florida Third District Court of Appeal affirmed a final judgment in favor of Sandra and Carlos Luis Blanco in their first-party property insurance breach-of-contract action against Citizens Property Insurance Corporation. The court held that the appellate record was inadequate to establish that the trial court erred in denying Citizens’ motions for directed verdict and judgment notwithstanding the verdict concerning the policy’s anti-concurrent-cause provision. The court also found no merit in Citizens’ remaining appellate arguments.

Holdings

1. The appellate record was inadequate to establish that the trial court erred in denying Citizens' directed-verdict motion and subsequent motion for judgment in accordance with that motion; because conflicting evidence or differing reasonable inferences could not be resolved on the incomplete record, the issue remained one for the jury.
2. The court found no merit in Citizens' remaining arguments and affirmed the final judgment.

Questions Presented

1. Whether the trial court erred in denying Citizens' motion for directed verdict and subsequent motion for judgment in accordance with that motion based on the policy's anti-concurrent-cause exclusion.
2. Whether the appellate record was sufficient to determine that the evidence established, as a matter of law, that an excluded cause contributed to the loss.
3. Whether the trial court otherwise erred in admitting a repair estimate, instructing the jury and preparing the verdict form concerning the anti-concurrent-cause provision, or denying a new trial based on closing argument.

Disposition

affirmed