REBECCA L. HALLING
v.
GARRISON PROPERTY AND CASUALTY INSURANCE CO.
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Extra-contractual consequential damages are not recoverable in a first-party breach of insurance contract action because the contractual amount due is limited to the express terms and conditions of the policy.
[1] In a first-party breach of insurance contract action, extra-contractual and consequential damages are not recoverable; recovery is limited to the amounts due under the ex…
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Join FLexlaw to unlock all legal intelligence“Extra-contractual, consequential damages are not available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance policy.”
Citation to Citizens Prop. Ins. Corp. v. Manor House, LLC, 313 So. 3d 579, 583-84 (Fla. 2021)
Rebecca L. Halling brought a first-party breach of insurance contract action against Garrison Property and Casualty Insurance Company. The trial court…
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PER CURIAM.
Affirmed. See Citizens Prop. Ins. Corp. v. Manor House, LLC, 313 So. 3d 579, 583-84 (Fla. 2021) ("[E]xtra-contractual, consequential damages are not available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance
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policy."); Covington v. State Farm Fire & Cas. Co., 330 So. 3d 943, 946-47 (Fla. 4th DCA 2021) (applying Manor House and determining that the insured was unable to recover extra-contractual, consequential damages in a first-party action for breach of an automobile insurance policy). SILBERMAN, KELLY, and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Halling v. Garrison Prop. & Cas. Ins. Co., 330 So. 3d 943 (Fla. 2d DCA 2023)…ot available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance policy."); Covington v. State Farm Fire & Cas. Co., 330 So. 3d 943, 946-47 (Fla. 4th DCA 2021) (applying Manor House and determining that the insured was unable to recover extra-contractual, consequential damages in a first-party action for breach of an automobile insurance policy). SILBERMAN, KELLY, and SMITH, JJ.…
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Halling v. Garrison Prop. & Cas. Ins. Co. (Fla. 2d DCA 2023)…ot available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance policy."); Covington v. State Farm Fire & Cas. Co., 330 So. 3d 943, 946-47 (Fla. 4th DCA 2021) (applying Manor House and determining that the insured was unable to recover extra-contractual, consequential damages in a first-party action for breach of an automobile insurance policy). SILBERMAN, KELLY, and SMITH, JJ.…
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Pauly v. Hartford Ins. Co. of the Midwest (M.D. Fla. 2024)…Revocable Trust. (Docs. 21-3, 24-6 ¶ 4). So the Trust owns the home. Although the Paulys do not legally own the Property, “Florida does not require legal title for an insured to have an insurable interest.” Covington v. State Farm Fire & Cas. Co., 330 So. 3d 943, 945 (Fla. Dist. Ct. App. 2021); see also Conyers v. Balboa Ins., 935 F. Supp. 2d 1312, 1315–16 (M.D. Fla. 2013) (“In Florida, an insurable interest is not determined by the concept of title, but rather whether the insured has a substantial economic…
Authorities Cited
- Halling v. Garrison Prop. & Cas. Ins. Co., 330 So. 3d 943 (Fla. 2d DCA 2023)