BLANCH v. UNIVERSAL PROPERTY CASUALTY INSURANCE COMPANY (2025)

Insured homeowners Gaston Blanch and Evelyn Blanch (the “Homeowners”) appeal from an order entering final summary judgment in favor of their Insurer, Universal Property & Casualty Insurance Company. Universal has moved to dismiss the appeal as moot based on the Homeowners’ newly filed lawsuit. We agree the appeal is moot and therefore grant Universal's Motion to Dismiss.

The Homeowners’ underlying breach of contract claim stems from a May 2019 plumbing leak. In September 2019, Universal issued an Actual Cash Value (“ACV”) payment.¹ The Homeowners accepted the ACV payment but later provided Universal with their own Replacement Cost Value (“RCV”) estimate and then sued for breach of contract alleging that Universal had not fully paid them for the loss.

Universal moved for Summary Judgment, relying on the Loss Settlement Provision in the Policy, which requires Universal to “initially pay at least the actual cash value of the insured loss” and any remaining amounts as work is performed. Universal argued that it complied with its obligation by issuing an ACV payment. The trial court agreed and granted summary judgment in Universal's favor, observing that the Homeowners had not disputed the ACV amount and that they were not entitled to seek RCV because they had not yet made repairs. The Homeowners appealed.

After filing their Notice of Appeal, the Homeowners filed a new action against Universal alleging that they had made repairs, which now entitled them to RCV. Universal moved to dismiss, arguing that this appeal, which has to do with Universal's alleged breach for failure to pay ACV, is moot. We agree. Because the Homeowners allege that they have made repairs and are entitled to RCV, there is not a justiciable issue as to Universal's initial ACV payment. See, e.g., Brown v. BNB Inv. Holdings, LLC, 252 So. 3d 344, 348 (Fla. 3d DCA 2018) (“An issue on appeal becomes moot ‘where, by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief.’ ” (quoting Montgomery v. Dep't of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985))).

Accordingly, we grant Universal's Motion to Dismiss and dismiss the appeal.

Dismissed.

FOOTNOTES

1.   Actual Cash Value is Replacement Cost Value minus depreciation.

LINDSEY, J.