MARCIAL GARCIA AND MARTINA GARCIA, APPELLANTS,
v.
TOWER HILL SIGNATURE INSURANCE COMPANY, APPELLEE
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Marcial and Martina Garcia appeal the trial court^s final judgment in favor of Tower Hill Signature Insurance Company, which, -despite initially denying the Garci-as’ sinkhole claim, ultimately extended coverage after the Garcias filed suit and a neutral evaluator confirmed the sinkhole damage. In finding that Tower Hill’s initial denial of coverage did not bréach the Garcias’ insurance policy, the trial court correctly applied then-binding precedent recently' disapproved by the Florida Supreme ‘Court in Johnson v. Omega Ins. Co., 200 So.3d 1207, 41 Fla. L. Weekly S415, 2016 WL 5477795 (Fla. Sept. 29, 2016). As such, we reverse the final judgment and remand for further proceedings consistent with Johnson.
REVERSED and REMANDED with INSTRUCTIONS.
LAWSON, C.J., TORPY and WALLiS, JJ,,-concur.
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Citator
Cited By
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Newton v. State, 216 So. 3d 745 (Fla. 5th DCA 2017)…ton’s motion. Newton appealed, and we reversed as to claims eight, twelve, thirteen, and fourteen. We remanded for the trial court to either attach portions of the record refuting each of these claims or hold an evidentiary hearing. Newton v. State, 201 So. 3d 1243 (Fla. 5th DCA 2016). On remand, the trial court attached additional documents to its order, but again summarily denied claims eight, twelve, thirteen, and fourteen. Newton then appealed the remanded order. We reverse the summary denial of Newton’s t…
Authorities Cited
- Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016)