Caryn L. Bellus and Angela Flowers, of our Miami and Ocala offices, respectively, successfully convinced the Fifth District Court of Appeal to affirm a final judgment for the insurer in a Hurricane Matthew property loss. In Pelecki v. Federated National Insurance Company, 2020 WL 4915804 (Fla. 5th DCA 2020), the appellate court found that the insurance company was entitled to a set off from the jury verdict for sums paid to a co-owner of the home pursuant to a proposal for settlement accepted during the lawsuit, resulting in a defense judgment. On appeal, Plaintiff also challenged an adverse directed verdict on a mold claim, the striking of her surprise expert testimony concerning mold, the admission of field adjuster photos, and a variety of other so-called evidentiary errors. Plaintiff further claimed that the trial court erred in refusing to give a concurring cause instruction and to shift the burden to the insurance company to prove the method by which water penetrated the house. The appellate court rejected all of Plaintiff’s arguments and affirmed the judgment in favor of the insurance company.