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FIGA loses bid to block homeowner evidence in Florida fire claim
The Florida appeals court also revived the homeowner’s bid to seek damages beyond FIGA’s $500,000 statutory cap, after a 2018 garage fire.
Florida’s Fifth District Court of Appeal reversed a lower ruling that had wiped out a homeowner’s personal property claim tied to a 2018 housefire in New Smyrna Beach, pushing the dispute back toward trial, Insurance Business reports.
In the case, the insurer, Southern Fidelity Insurance Company, covered contents up to $159,000 at full replacement cost, and after the fire it paid a combined $54,800.66, but the parties could not agree on the total loss.
By the time the matter reached trial in January 2025, Southern Fidelity had become insolvent and the Florida Insurance Guaranty Association stepped in as defendant. On the morning of trial, FIGA stipulated to admitting the homeowner’s exhibits, including an email-based contents list with handwritten valuations.
The appeals court also vacated an order that barred the homeowner from presenting evidence of damages beyond FIGA’s $500,000 statutory cap, after FIGA had argued the admitted evidence was not enough. The homeowner, who had dismissed a restoration company hired by the insurer before the work was done, represented himself after his lawyer withdrew.