In People’s Trust Ins Co v. Kidwell Group LLC, Case No. 4D22-1314 (Fla. 4th DCA Jun. 28, 2023), involving a hurricane damaged roof, the homeowner obtained an engineering report on cause and extent of damages in exchange for an assignment of benefits. After the insurer admitted a covered loss and settled, the homeowner repaired his roof and the report was not used in the project. The insurer then refused to pay the assignee’s invoice for the report, giving rise to the case.

On appeal, the Fourth DCA reversed, finding that the insurer’s motion for directed verdict should have been granted. It found that evidence presented at jury trial demonstrated that the engineering report was not a “cost to repair or replace” the roof under the policy’s loss settlement provision. Further, reversal was warranted based on erroneous jury instructions and verdict form. To read full opinion, click HERE.