YOANI FERNANDEZ AND YADIRA SOMOZA
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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Summary judgment is improper when material factual disputes remain as to whether a covered peril caused an opening allowing water damage.
[1] Summary judgment is inappropriate in an insurance coverage case when material factual disputes exist regarding whether a covered peril proximately caused the loss at issu…
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Join FLexlaw to unlock all legal intelligenceInsureds Fernandez and Somoza claimed water damage to their home covered by a homeowners insurance policy with Citizens Property Insurance Corporation…
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Billbrough & Marks, P.A., and Geoffrey B. Marks, for appellants. Lewis Brisbois Bisgaard & Smith LLP and Kathryn L. Ender, for appellee. Before EMAS, C.J., and SCALES and LOBREE, JJ. PER CURIAM.
Yoani Fernandez and Yadira Somoza appeal from an order entering final summary judgment in favor of their insurer Citizens Property Insurance Corporation. Because we agree with the insureds that disputed issues of material fact remain as to whether a covered peril caused an opening in the door of their home, allowing rain water to enter and damage the interior, we reverse the final summary judgment and remand for further proceedings.1 See Ortega v. Citizens Prop. Ins. Corp., 257 So. 3d 1171, 1173 (Fla. 3d DCA 2018); Hernandez v. United Auto. Ins. Co., Inc., 730 So. 2d 344, 346 (Fla. 3d DCA 1999).
Reversed and remanded.
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Citator
Cited By
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Cheri Garbark v. Gayle, 46 Fla. L. Weekly S6 (Fla. 1st DCA 2021)
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Yoani Fernandez and Yadira Somoza v. Citizens Prop. Ins. Corp., 46 Fla. L. Weekly S6 (Fla. 3d DCA 2021)…Co., Inc., 730 So. 2d 344, 346 (Fla. 3d DCA 1999). Reversed and remanded. 1 We acknowledge that the Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510(c), adopting the summary judgment standard of Celotex Corp. v. Catrett, 477 U.S. 317 (1986). See In re: Amendments to Florida Rule of Civil Procedure 1.510, 46 Fla. L. Weekly S6 (Fla. Dec. 31, 2020). However, as the effective date of the amendment is May 1, 2021, we do not apply that standard in this appeal.…
Authorities Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986)
- Hernandez v. United Auto. Ins. Co., Inc., 730 So. 2d 344 (Fla. 3d DCA 1999)
- Ortega v. Citizens Prop. Ins. Corp., 257 So. 3d 1171 (Fla. 3d DCA 2018)
- Yoani Fernandez and Yadira Somoza v. Citizens Prop. Ins. Corp., 46 Fla. L. Weekly S6 (Fla. 3d DCA 2021)