Rodolfo Bailetti and Ana L. Saez v. Universal Property and Casualty Insurance Company

Summary

The Florida First District Court of Appeal affirmed a final judgment for Universal Property and Casualty Insurance Company after a jury found that the insureds failed to prove a breach of their homeowners insurance policy. The court held that the insureds did not establish, as of the filing of their lawsuit, that Universal’s initial actual-cash-value payment was insufficient, and that later estimates did not establish a breach occurring at that time.

Holdings

1. The trial court properly denied Appellants' motion for directed verdict because the record contained evidence supporting the jury's finding that Universal did not breach the insurance contract.
2. Later-created estimates of loss did not establish that Universal breached the policy as of June 2021, when Appellants filed their action.
3. On this record, Universal's initial payment based on its field adjuster's actual-cash-value estimate did not constitute a proven breach of the policy.

Questions Presented

1. Whether the trial court erred by denying Appellants' motion for directed verdict on their breach-of-contract claim.
2. Whether the evidence required a finding that Universal breached the homeowner's policy by initially paying the actual cash value estimated by its field adjuster rather than the greater amounts reflected in later estimates.
3. Whether later-created repair or damage estimates could establish a breach that existed when Appellants filed their complaint.

Disposition

affirmed