ADALBERTO VEGA
v.
CITIZENS PROPERTY INSURANCE CORPORATION

Fla. 3d DCA | 2023-03-15
No. 21-1844
Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 7 cases

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Holding

Summary judgment was properly granted to the insurance company because the policy language was clear and unambiguous and required interpretation according to its plain meaning.


Headnotes

[1] When the language of an insurance policy is clear and unambiguous, the court must interpret it according to its plain meaning, and summary judgment is appropriate if no g…

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Key Quotes

“When the language of an insurance policy is clear and unambiguous, a court must interpret it according to its plain meaning, giving effect to the policy as it was written.”

E. Florida Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 676 (Fla. 3d DCA 2005)

Facts & Procedural History

Adalberto Vega brought an action against Citizens Property Insurance Corporation regarding an insurance policy dispute. The trial court granted summar…

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Opinion of the Court

PER CURIAM.

Affirmed. See Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000) (“Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.”); In re Amends. to Fla. R. Civ. P. 1.510, 317 So. 3d 72,

Footnotes
78 (Fla. 2021) (“Any pending rehearing of a summary judgment motion decided under the pre-amendment rule should be decided under the pre- amendment rule, subject of course to a party’s ability to file a renewed motion for summary judgment under the new rule.”); Gov’t Emps. Ins. Co. v. Macedo, 228 So. 3d 1111, 1113 (Fla. 2017) (“Insurance policy construction is a question of law subject to de novo review.”) (citing Wash. Nat’l Ins. Corp. v. Ruderman, 117 So. 3d 943, 948 (Fla. 2013)); Penzer v. Transp. Ins. Co., 29 So. 3d 1000, 1005 (Fla. 2010) (“[A] question of insurance policy interpretation, which is a question of law, [is also] subject to de novo review.”); E. Florida Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 676 (Fla. 3d DCA 2005) (“When the language of an insurance policy is clear and unambiguous, a court must interpret it according to its plain meaning, giving effect to the policy as it was written.”); Arguelles v. Citizens Prop. Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019) (“Finally, we review a denial of a motion for rehearing under an abuse of discretion standard.”).

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Citator

Cited By

  • Martinez v. City of Miami, 49 Fla. L. Weekly D2385 (Fla. 3d DCA 2025)
    …gs of fact in the final judgment, a party must raise that issue in a motion for rehearing under this rule.”); Hardison v. Bank of N.Y. Mellon, 49 Fla. L. Weekly D2385 (Fla. 3d DCA Nov. 27, 2024); see also Arguelles v. Citizens Prop. Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019) (“[W]e review a denial of a motion for rehearing under an abuse of discretion standard.”); Mane FL Corp. v. Beckman, 355 So. 3d 418, 430 (Fla. 4th DCA 2023) (“There was no abuse of discretion in the trial court's determinatio…
  • …claim was subject to coverage. The trial court granted final summary judgment in favor of Lloyd’s, and the instant appeal ensued. STANDARD OF REVIEW We review an order granting summary judgment de novo. See Arguelles v. Citizens Prop. Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019). Similarly, the interpretation of an insurance contract presents a pure legal issue subject to de novo review. Id. ANALYSIS Several guiding principles inform our analysis. It is axiomatic that “[w]here the language in an…

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