Fifth District Court of Appeal holds that insured may recover extra-contractual, consequential damages in first-party property case without demonstrating bad faith

By May 31, 2019 Newsletters - 2019

In Manor House, LLC Ocean View LLC and Merritt, LLC v. Citizens Property Ins. Corp., Case No. 5D17-2841, May 31, 2019, the Fifth District Court of Appeal held that where Citizens allegedly breached its policy with the insureds by failing to pay the undisputed amount of the insureds’ claim and otherwise failing to properly adjust the insureds’ loss, the insured could seek consequential damages, over and above the insurance benefits the carrier allegedly owed.  This was so despite the fact that Citizens is statutorily immune from suit for bad faith.