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4th DCA Finds Homeowners Presented No Evidence Ceiling Collapse Was Caused By Named Peril

In Universal Property & Casualty Ins. Co. v. Caboverde, Case No. 4D22-1059 (Fla. 4th DCA June 28, 2023), the Fourth DCA reversed final judgment for homeowners on a ceiling collapse claim after jury trial where they failed to prove collapse was caused by a named peril under the policy. Specifically, the homeowners presented no evidence at trial that hidden and unknown decay or insect damage existed at the time of the collapse and thus could not have proven it caused the collapse. Rather, the only witness who testified about termite damage, their contractor expert, did not inspect the home until 5 years after the loss and did not know how long termites were there. The Fourth DCA remanded for final judgment in the insurer’s favor. To read full opinion, click here.

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