Citizens Property Insurance Corporation v. Alvarez

Summary

The Florida Second District Court of Appeal affirmed a final judgment awarding insureds German Alvarez and Luz Marroquin $75,918.06 on a disputed sinkhole insurance claim. The court also affirmed the denial of prejudgment interest, holding that the jury liquidated the repair claim as of the verdict date and that no earlier fixed date of loss had been established.

Holdings

1. Citizens was not entitled to a directed verdict based on the asserted statutory presumption of correctness.
2. Citizens was not entitled to avoid its burden of proof concerning the exclusion of coverage.
3. The insureds were not entitled to prejudgment interest from a date before the verdict because the record did not establish an earlier fixed date of loss, and the jury liquidated the claim as of the date of the verdict.

Questions Presented

1. Whether Citizens was entitled to a directed verdict based on the statutory presumption of correctness afforded to certain engineering or geological findings and recommendations in sinkhole claims under section 627.7073(1)(c), Florida Statutes (2010).
2. Whether Citizens was entitled to avoid the burden of proving the exclusion of coverage for the sinkhole claim.
3. Whether the insureds were entitled to prejudgment interest accruing before the jury verdict.

Disposition

affirmed