FLORIDA DRY SOLUTIONS LLC v. CITIZENS PROPERTY INSURANCE CORPORATION (2021)

District Court of Appeal of Florida, Third District.

FLORIDA DRY SOLUTIONS, LLC a/a/o Nelida Rodgers, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

No. 3D21-41

Decided: February 17, 2021

Before FERNANDEZ, HENDON, and GORDO, JJ.

Font & Nelson, PLLC, and Frantz C. Nelson and Yisroel Silverman (Fort Lauderdale), for appellant. Dutton Law Group, PA, and Rebecca L. Delaney and Scott W. Dutton (Tampa), for appellee.

Affirmed. E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (holding once an exclusion has been proven by the insurer, the burden once again is placed on the insured to demonstrate the exception to the exclusion); Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding the insured has the burden to prove an exception to an exclusion contained within an insurance policy); see also Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755 (Fla. 3d DCA 2020) (finding summary judgment proper where the insureds were unable to introduce any evidence to meet their burden of showing that the damage was not caused by an excluded event).

HENDON, J.

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