FLORIDA DRY SOLUTIONS LLC, A/A/O NELIDA RODGERS
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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Once an insurer proves an exclusion in an insurance policy applies, the burden shifts to the insured to demonstrate an exception to that exclusion.
[1] Once an insurer proves that an exclusion in an insurance policy applies to a claim, the burden of proof shifts to the insured to demonstrate that an exception to the excl…
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Join FLexlaw to unlock all legal intelligence“once an exclusion has been proven by the insurer, the burden once again is placed on the insured to demonstrate the exception to the exclusion”
Citation to E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005)
Florida Dry Solutions, LLC, on behalf of Nelida Rodgers, appealed a county court decision regarding a property insurance claim with Citizens Property …
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HENDON, J.
Affirmed. E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (holding once an exclusion has been proven by the insurer, the burden once again is placed on the insured to demonstrate the exception to the exclusion); Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding the insured has the burden to prove an exception to an exclusion contained within an insurance policy); see also Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755 (Fla. 3d DCA 2020) (finding summary judgment proper where the insureds were unable to introduce any evidence to meet their burden of showing that the damage was not caused by an excluded event).
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Fla. DRY Solutions LLC v. Citizens Prop. Ins. Corp., 305 So. 3d 752 (Fla. 3d DCA 2021)
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Empire PRO Restoration, Inc. v. Citizens Prop. Ins. Corp. (Fla. 4th DCA 2021)…lusion, the burden once again is placed on the insured to demonstrate the exception to the exclusion.” E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (citation omitted); see also Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755 (Fla. 3d DCA 2020) (to survive summary judgment, the insured bears the burden of introducing evidence to create a genuine issue of material fact after the insurer shows that the damage falls under an exclusion to the insurance policy); Fla. Wi…
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Catalina W. Homeowners Ass'n, Inc. v. First Cmty. Ins. Co., 418 So. 3d 689 (Fla. 3d DCA 2025)
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673 (Fla. 3d DCA 2005)
- Florida Windstorm Underwriting v. Anil Gajwani, 934 So. 2d 501 (Fla. 3d DCA 2005)
- Fla. DRY Solutions LLC v. Citizens Prop. Ins. Corp., 305 So. 3d 752 (Fla. 3d DCA 2021)