UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
v.
GERARDO MOYA
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Universal Property & Casualty Insurance Company appeals a jury verdict in favor of policyholder Gerardo Moya in a breach of contract action. The appellate court reversed, finding that Moya failed to present sufficient evidence of damages to support the verdict.
The court reversed, holding that Moya did not present the requisite damages evidence at trial. Economic damages in Florida must be founded on evidence justifying a definite amount and cannot rest on jury speculation or guesswork.
[1] A party claiming economic losses in an insurance dispute must produce evidence justifying a definite amount, and damages cannot be based on jury speculation or guesswork…
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Join FLexlaw to unlock all legal intelligence“It has long been accepted in Florida that a party claiming economic losses must produce evidence justifying a definite amount. Economic damages may not be founded on jury speculation or guesswork and must rest on some reasonable factual basis.”
Establishes the legal standard requiring that economic damages must be supported by definite evidence, not speculation
Moya filed suit against Universal for breach of contract and declaratory relief after Universal denied his first-party insurance claim. At trial, Univ…
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Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0540 Lower Tribunal No. 18-7712
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Universal Property & Casualty Insurance Company,
Appellant,
vs.
Gerardo Moya,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Bernstein, Chackman, Liss, and Steven J. Chackman (Hollywood); Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellant. Alexander Appellate Law P.A., and Samuel Alexander (DeLand), for appellee. Before EMAS, LINDSEY, and GORDO, JJ. PER CURIAM. Universal Property & Casualty Insurance Company appeals a final judgment in favor of Gerardo Moya. Moya filed suit against Universal for breach of contract and for declaratory relief after Universal failed to pay Moya’s first-party insurance claim. During the jury trial, Universal moved for a directed verdict on the grounds that the evidence Moya presented for damages was legally insufficient because there was no record evidence to give a jury a reasonable basis to determine damages without speculation. The trial court denied Universal’s motion for directed verdict. On appeal, Universal maintains that Moya did not present the requisite damages evidence at trial. We agree. See, e.g., United Auto. Ins. Co. v. Colon, 990 So. 2d 1246, 1248 (Fla. 4th DCA) (“It has long been accepted in Florida that a party claiming economic losses must produce evidence justifying a definite amount. Economic damages may not be founded on jury speculation or guesswork and must rest on some reasonable factual basis.” (citations omitted)).
Reversed.