MARIA MUGUERCIA
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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Once an insurer produces sufficient evidence that a loss falls within a policy exclusion, the burden shifts to the insured to produce evidence of an exception to that exclusion to create a genuine issue of material fact.
[1] Once an insurer produces sufficient evidence showing a loss is excluded from coverage under the policy's terms, the burden shifts to the insured to produce evidence of an…
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Join FLexlaw to unlock all legal intelligenceMaria Muguercia brought an appeal regarding a property insurance claim with Citizens Property Insurance Corporation. The circuit court entered summary…
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PER CURIAM.
Affirmed. See Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 754-55 (Fla. 3d DCA 2020) (affirming summary judgment in favor of insurer, holding that where the insurer produces sufficient evidence to show the loss was excluded from coverage under the policy’s terms, the burden shifts to the insured to produce evidence of an exception to that exclusion sufficient to establish a genuine issue of material fact in dispute); Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding that, where a policy excludes coverage for the type of loss suffered, “the insured has the burden to prove an exception to an exclusion contained within an insurance policy”); E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (holding: “Once the insured shows coverage, the burden shifts to the insurer to prove an exclusion applies to the coverage. If there is an exception to the exclusion, the burden once again is placed on the insured to demonstrate the exception to the exclusion”) (citation omitted).
Cases With Similar Vibessemantic neighbors from the corpus
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- 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)