REBECCA L. HALLING
v.
GARRISON PROPERTY AND CASUALTY INSURANCE CO.

Fla. 2d DCA | 2023-09-20
No. 2022-2045
Florida District Court of Appeal, Second District (2023)

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Holding

Extra-contractual consequential damages are not recoverable in a first-party breach of insurance contract action because the contractual amount due is limited to the express terms and conditions of the policy.


Headnotes

[1] In a first-party breach of insurance contract action, extra-contractual and consequential damages are not recoverable; recovery is limited to the amounts due under the ex…

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Key Quotes

“Extra-contractual, consequential damages are not available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance policy.”

Citation to Citizens Prop. Ins. Corp. v. Manor House, LLC, 313 So. 3d 579, 583-84 (Fla. 2021)

Facts & Procedural History

Rebecca L. Halling brought a first-party breach of insurance contract action against Garrison Property and Casualty Insurance Company. The trial court…

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Per_curiam
Per Curiam

PER CURIAM. Affirmed. See Citizens Prop. Ins. Corp. v. Manor House, LLC, 313 So. 3d 579, 583-84 (Fla. 2021) ("[E]xtra-contractual, consequential damages are not available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance

policy."); Covington v. State Farm Fire & Cas. Co., 330 So. 3d 943, 946-47 (Fla. 4th DCA 2021) (applying Manor House and determining that the insured was unable to recover extra-contractual, consequential damages in a first-party action for breach of an automobile insurance policy). SILBERMAN, KELLY, and SMITH, JJ., Concur. Opinion subject to revision prior to official publication.


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