Universal Ins. Co. of N. Am. v. Warfel
Annotate this CaseMichael Warfel filed a sinkhole claim with Universal Insurance Company, with whom he had an all-risks homeowners insurance policy that covered sinkhole claims. Universal relied on a report by an outside firm, which determined that the damage was caused by factors that were excluded from coverage under the policy, to deny the claim. Warfel subsequently filed an action against Universal for breach of contract, seeking the recovery of insurance benefits for the loss caused by damage to his home. The trial court granted Universal's motion to apply Fla. Stat. 90.304 to the burden shifting presumption articulated in Fla. Stat. 627.7073(1)(c). The jury returned a verdict in favor of Universal. The court of appeal reversed, holding that the trial court misapplied the presumption at work in this case and gave the jury an instruction improperly shifting the burden of proof. The Supreme Court affirmed, holding that the language of section 627.7073(1)(c) does not create a presumption affecting the burden of proof under section 90.304 nor does the language create a presumption affecting the burden of producing evidence under Fla. Stat. 90.303.
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