The appeals court overturned the jury’s verdict, reopening the homeowner’s insurance coverage dispute for a new trial.
Dispute over insurance dates back to 2019
A trip to the court house that was expected to bring an elderly Florida homeowner closer to resolving a long running insurance dispute ended in a medical emergency. The homeowner broke his leg and had to have surgery after his wheelchair tipped over in the courthouse parking lot, and so he couldn’t participate in his own trial. He did not attend, but the trial went ahead and he was found against by the jury. But a Florida appeals court has now overturned that verdict, ordering a new trial and raising important questions about a policy exclusion used by property insurers. In the first trial, the jury ultimately found that the claimed losses were excluded under the insurance policy. The appeals court has now overturned that decision, meaning the coverage dispute will have to be re-considered. But the concurring judge challenged this interpretation, saying the provision relates to acts committed during or following a loss, not failures before it.
Florida’s Second District Court of Appeal overturned the jury’s verdict on September 25, finding that the trial court erred in allowing the case to proceed after the homeowner was seriously injured, Insurance Business reported. His lawyer told the court of the emergency the morning after jury selection began April 28, 2025, in Pinellas County. The homeowner was an elderly fellow who had had a stroke the prior year. He was also preparing for surgery after the accident. The homeowner’s attorney and Universal Property & Casualty Insurance Company requested a mistrial. But the judge denied the requests and let the case proceed without the homeowner. The appeals court later ruled that the denial of his right to be present at and participate in his own trial was a fundamental error. It pointed out the significance of a party’s right to participate in proceedings and sent the matter back for a new trial.