People's Trust Insurance Company v. The Kidwell Group, LLC

Summary

The Florida Fourth District Court of Appeal reversed a final judgment for The Kidwell Group, LLC in a breach of insurance contract action. The court held that the insurer was entitled to a directed verdict because the engineering report was not shown to be a cost to repair or replace the damaged roof under the policy. The court also held that the jury instructions and verdict form were erroneous because they omitted that issue and instead addressed matters the insurer had conceded.

Holdings

1. The insurer was entitled to a directed verdict because the appellee failed to present evidence that the engineering report was a cost to repair or replace the roof as required by the policy.
2. The trial court committed reversible error by failing to instruct the jury or ask on the verdict form whether the engineering report's cost was a cost to repair or replace the property, while submitting conceded issues concerning the coverage period and policy exclusions.

Questions Presented

1. Whether the insurer was entitled to a directed verdict because the appellee failed to prove that the engineering report was a cost to repair or replace the damaged roof under the policy.
2. Whether the trial court committed reversible error by using jury instructions and a verdict form that omitted the dispositive issue of whether the engineering report's cost was a cost to repair or replace the property and instead submitted issues the insurer had conceded.

Disposition

reversed_and_remanded