HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY

v.

ACC MASTERCRAFT ROOFING CONTRACTORS, INC. AAO

Citator

Cited By (15 total)

• Heritage Prop. & Cas. Ins. Co. v. ACC Mastercraft Roofing Contractors, 315 So. 3d 45 (Fla. 4th DCA 2022)
  …PER CURIAM. Affirmed. See Merrick Preserve Condo. Ass’n, Inc. v. Cypress Prop. & Cas. Ins. Co., 315 So. 3d 45, 50 (Fla. 4th DCA 2021). GROSS, MAY and LEVINE, JJ., concur.…
• Feldman v. Citizens Prop. Ins. Corp. (Fla. 4th DCA 2023)
  …Under an “all risks” policy, the insured must show a loss occurred during the policy period, and then the insurer has the burden to prove the damage is excluded from the coverage. Merrick Pres. Condo. Ass’n, Inc. v. Cypress Prop. & Cas. Ins. Co., 315 So. 3d 45, 47 (Fla. 4th DCA 2021). Here, the insured satisfied this initial burden when he provided evidence his ceiling collapsed on July 12, 2016, during the policy period. Accordingly, the trial court should have granted his motion for directed verdict. T…
• Belizaire v. Citizens Prop. Ins. Co. (Fla. 4th DCA 2025)
  …m of loss, the insurer then “has the burden to prove the damage is excluded from the coverage.” Feldman v. Citizens Prop. Ins. Corp., 373 So. 3d 636, 639 (Fla. 4th DCA 2023) (citing Merrick Pres. Condo. Ass’n, Inc. v. Cypress Prop. & Cas. Ins. Co., 315 So. 3d 45, 47 (Fla. 4th DCA 2021)); Jones v. Federated Nat’l Ins. Co., 235 So. 3d 936, 940 (Fla. 4th DCA 2018) (same); Mejia v. Citizens Prop. Ins. Corp., 161 So. 3d 576, 578 (Fla. 2d DCA 2014) (holding that “an insured claiming under an all-risks policy has…

Authorities Cited

• Heritage Prop. & Cas. Ins. Co. v. ACC Mastercraft Roofing Contractors, 315 So. 3d 45 (Fla. 4th DCA 2022)