You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Sanchez v. Tower Hill Signature Insurance

Citations: 181 So. 3d 1211; 2015 Fla. App. LEXIS 18482; 2015 WL 8483944Docket: No. 5D14-279

Court: District Court of Appeal of Florida; December 10, 2015; Florida; State Appellate Court

Narrative Opinion Summary

In a case involving a sinkhole loss claim, the court addressed legal disputes between an insured homeowner, Sanchez, and Tower Hill Signature Insurance Company. The primary legal issues revolved around breach of contract claims related to the insurance policy's coverage for sinkhole damages. The trial court had initially entered judgment in favor of Tower Hill, dismissing claims for inadequate payment of above-ground damages due to incorrect jury instructions and exclusion of pertinent evidence. Specifically, the jury was misinstructed that Tower Hill could only be liable if they failed to pay the actual cash value at the time of the loss, a condition not stipulated in the insurance policy. Moreover, the exclusion of evidence regarding additional payments made by Tower Hill post-litigation was deemed improper, as these payments signaled a higher valuation of damages than initially assessed. On appeal, the court affirmed the judgment on subsurface repairs but reversed the decision regarding above-ground damages, granting Sanchez a new trial to address the breach of contract claim. The appellate court's decision underscores the importance of accurate jury instructions and the inclusion of all relevant evidence in insurance contract disputes.

Legal Issues Addressed

Breach of Contract for Insurance Claims

Application: The court ruled that Tower Hill Signature Insurance Company breached the insurance contract by inadequately compensating for above-ground sinkhole damages, necessitating a new trial.

Reasoning: As a result, Sanchez is entitled to a new trial regarding Tower Hill's alleged breach of contract for the failure to pay the actual cash value of above-ground damages from the sinkhole loss.

Exclusion of Evidence in Insurance Disputes

Application: Evidence of post-suit payments by Tower Hill was improperly excluded, which could have demonstrated acknowledgment of higher damage costs, impacting the jury's evaluation of the breach of contract claim.

Reasoning: Further complicating the case, evidence of post-suit payments was excluded despite the payments not being characterized as a compromise offer.

Jury Instruction Error

Application: The court found error in the trial court's jury instruction which improperly included a requirement not present in the insurance policy, affecting the determination of Tower Hill's liability.

Reasoning: The court erred in this instruction, misleading the jury about the extent of Tower Hill's obligations.