CARLINE ETIENNE, ET AL.
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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Where an insured fails to provide evidence establishing the cause of property damage, summary judgment for the insurer is appropriate.
[1] An insured's failure to provide evidence establishing the cause of property damage supports summary judgment for an insurer in a coverage dispute.
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Join FLexlaw to unlock all legal intelligenceCarline Etienne and others filed suit against Citizens Property Insurance Corporation regarding a property damage claim. The trial court granted summa…
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Third District Court of Appeal State of Florida
Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2166 Lower Tribunal No. 20-26277 ________________
Carline Etienne, et al., Appellants,
vs.
Citizens Property Insurance Corporation, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Vivianne del Rio, Judge.
The Tarich Law Firm P.A., and Manny M. Tarich and Matthew P. Hunt (Hollywood), for appellants.
Paul R. Pearcy, P.A., and Maureen G. Pearcy, for appellee.
Before EMAS, MILLER and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Empire Pro Restoration, Inc. v. Citizens Prop. Ins. Corp., 322 So. 3d 96, 98 (Fla. 4th DCA 2021) (holding that where insured failed to provide evidence as to cause of property damage, summary judgment for insurer was appropriate); Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755 (Fla. 3d DCA 2020) (affirming summary judgment for insurer where insured’s expert did not rebut insurer’s affidavit demonstrating that damages were excluded).
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- Fla. DRY Solutions LLC v. Citizens Prop. Ins. Corp., 305 So. 3d 752 (Fla. 3d DCA 2021)
- Empire PRO Restoration, Inc. v. Citizens Prop. Ins. Corp. (Fla. 4th DCA 2021)