In Citizens Property Insurance Corporation v. Salazar, No. 3D20-0367 (Fla. 3d DCA Oct. 4, 2023), the Third District Court of Appeal reversed a final judgment entered against Citizens and held that the trial court erred in denying Citizens’ motion to limit damages to the actual cash value (“ACV”) of directly-damaged property. The claim arose from a kitchen sink leak. Citizens calculated and paid the ACV as required under Florida Statute 627.7011(3)(a). The insured completed repairs for an amount less than the estimated ACV and never provided Citizens with receipts showing the completion of those repairs. Instead, she submitted an estimate over eight times higher than Citizens’ original estimate, including matching costs, which are not considered ACV-related damages. On appeal, the Third District agreed with Citizens, remanding the case for a new trial and explaining that the admission of the homeowner’s estimate into evidence at trial was improper since the homeowner had not proven her covered (ACV-related) damages exceeded the amount already paid by Citizens.

Read the full opinion here.