SECURITY FIRST INSURANCE COMPANY D/B/A SECURITY FIRST FLORIDA
v.
ARTIE M. ECHAVARRIA AND ARGIRO ECHAVARRIA

Fla. 5th DCA | 2025-09-12
No. 2024-1476
Jolley, J., Makar, J., Lambert, J., Harris, J.
2025 FL 7928 Florida District Court of Appeal, Fifth District (2025)

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Holding

An insurer is not liable for tear-out costs in a property insurance claim.


Headnotes

[1] Tear-out costs are not recoverable damages in a homeowners insurance breach of contract action.

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Facts & Procedural History

Security First Insurance Company denied coverage for tear-out costs claimed by homeowners Artie and Argiro Echavarria under their homeowners insurance…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-1476 LT Case No. 2020-030510-CICI _____________________________

SECURITY FIRST INSURANCE

COMPANY d/b/a Security First Florida,

Appellant,

v.

ARTIE M. ECHAVARRIA and ARGIRO ECHAVARRIA,

Appellees. _____________________________

On appeal from the Circuit Court for Volusia County. Mary G. Jolley, Judge.

Mark D. Tinker and Brandon J. Tyler, of Cole, Scott & Kissane, P.A., Tampa, for Appellant.

Mark A. Nation, of The Nation Law Firm, LLP, Longwood, for Appellees.

September 12, 2025

PER CURIAM.

In this breach of an insurance contract action, Security First Insurance Company appeals the final judgment entered against it and in favor of the appellees, Artie Echavarria and Argiro

REVERSED and REMANDED, with directions.

MAKAR, LAMBERT, and HARRIS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Footnotes
2 Echavarria, after a jury trial that awarded the Echavarrias damages for what was referred to at trial as “tear out” costs. We reverse the final judgment and remand with directions for the trial court to enter final judgment in favor of Appellant. See People’s Tr. Ins. v. Diaz, 411 So. 3d 444 (Fla. 5th DCA 2023); People’s Tr. Ins. v. Banks, 388 So. 3d 862 (Fla. 3d DCA 2023); People’s Tr. Ins. v. Gunsser, 373 So. 3d 422 (Fla. 6th DCA 2023).

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