PEOPLE'S TRUST INSURANCE COMPANY
v.
LAZARO ARMENTEROS, ET AL.

Fla. 3d DCA | 2024-05-01
No. 2022-1944
Lopez, J., Scales, J., Miller, J., Gordo, J.
2024 FL 4931 Florida District Court of Appeal, Third District (2024)

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Holding

A jury could reasonably conclude that shock waves, rather than soil or earth movement, caused damage to an insured's home, precluding directed verdict on a soil movement exclusion.


Headnotes

[1] When expert testimony establishes that a jury could reasonably conclude that shock waves, rather than soil or earth movement, caused property damage, a trial court proper…

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Key Quotes

“jury could reasonably have concluded that it was the shock waves, and not soil or earth movement, that shook the house and caused damage to the Insured's home”

Court's reasoning for affirming denial of directed verdict, citing Tower Hill Prime Ins. Co. v. Bermudez

Facts & Procedural History

People's Trust Insurance Company appealed a trial court decision denying its motion for directed verdict in a property damage claim brought by Lazaro …

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Opinion of the Court
Gordo

Third District Court of Appeal State of Florida

Opinion filed May 1, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1944 Lower Tribunal No. 19-35400 ________________

People’s Trust Insurance Company, Appellant,

vs.

Lazaro Armenteros, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

Bickford & Chidnese, LLP, and Patrick M. Chidnese and Frieda C. Lindroth (Tampa), for appellant.

The Nation Law Firm, and Mark A. Nation and Paul W. Pritchard (Longwood), for appellees.

Before SCALES, MILLER, and GORDO, JJ.

PER CURIAM.

2 Affirmed. See Tower Hill Prime Ins. Co. v. Bermudez, 48 Fla. L. Weekly D2240, 2023 WL 8246151, at *3 (Fla. 3d DCA Nov. 29, 2023) (affirming trial court’s denial of insurer’s motion for directed verdict on policy’s soil movement exclusion because based on experts’ testimony “jury could reasonably have concluded that it was the shock waves, and not soil or earth movement, that shook the house and caused damage to the Insured's home”).


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