Déjà Vu All Over Again:
Universal Property & Casualty Ins. Co. Defense Verdict in
First Party Property Case – in Florida
Congratulations to Universal Property & Casualty Insurance Company on its third consecutive defense verdict in a first party property case in Florida secured by Salmon & Salmon attorney Jayson Serrano! Mr. Serrano became Chair of the Trial Practice Group March 5, 2025 and has embraced the role by rewarding firm clients with wins.
In Breakwell v. Universal Property & Cas. Ins. Co., the insurer made the decision to transfer the defense of the file from another defense firm to Salmon & Salmon in late 2024. The lucky streak of successes on “transfer files” continued when the jury decided that plaintiff did not prove that Universal failed to do something the contract required it to do.
The insurance claim involved Synergy. As is customary, Synergy produced four estimates: (1) rebuild; (2) mold; (3) dry out; and (4) emergency services. Universal paid $5,400.00 on an actual cash value basis. Universal also paid $10,000.00 for mold and the full value of the emergency services and dry out. Universal then asked for invoices for any replacement cost repairs and photographs when the work was performed. In response, Universal received more estimates and an email for money.
The policy required Universal to pay the actual cost to repair or replace. This is a familiar theme for many of our regular readers – replacement cost estimates are irrelevant! If the work was performed, the insured only receives the actual cost to repair. If the work was not performed, the insured only receives actual cash value. This has been the law since the mid-90’s after Hurricane Andrew.
Nota bene – Universal did not retain an expert. Universal did not obtain a comparative estimate.
In closing, Mr. Serrano explained to the jury that the insured’s contractor knows the cost of materials and knows the cost of labor. But all Synergy did was send estimates after the work was performed. Mr. Serrano told the jury, “This sounds fishy.”