A Florida family has successfully defended their $61,017 jury award against Citizens Property Insurance Corporation following a long-running legal battle over water damage. On Wednesday, Florida’s Third District Court of Appeal upheld a lower court’s decision, rejecting the state-backed insurer’s attempt to overturn a verdict that favored homeowners Sandra and Carlos Blanco.
The case began over a decade ago after the Blancos filed a claim for water damage caused by a leak in November 2015. Citizens denied the claim just months later, arguing that the damage was not covered under the homeowners’ policy. This led to a breach of contract lawsuit and a subsequent jury trial where the Blancos were awarded over $61,000 to cover repairs.
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At the heart of the appeal was a common but controversial insurance “anti-concurrent cause” provision. Citizens argued that the leak wasn’t a sudden accident, but rather a slow seepage that had occurred over several months. Under their policy rules, if a loss is caused even partially by long-term seepage—an excluded event—the entire claim can be denied, even if a sudden, covered accident happened at the same time.
Citizens asked the appellate court to reverse the jury’s decision, claiming the evidence clearly showed the damage was from a long-term leak. However, the Blancos maintained that the damage was the result of a sudden “flood” of water that occurred on a single day.
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In the end, the appellate judges found that Citizens did not provide enough evidence from the trial records to prove the jury was wrong. The court noted that because the trial evidence was viewed in a light most favorable to the homeowners, and because Citizens failed to provide a full transcript of the trial testimony, there was no reason to second-guess the original outcome.
The court also dismissed several other complaints from Citizens, including arguments that the Blancos shouldn’t have been allowed to present repair estimates since they no longer owned the home. With the appeals court’s “Affirmed” ruling, the Blancos’ victory stands, providing a notable win for policyholders in a state where insurance litigation remains a hot-button issue.
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