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Maria MUGUERCIA, et al., Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.
Affirmed. See Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 754-55 (Fla. 3d DCA 2020) (affirming summary judgment in favor of insurer, holding that where the insurer produces sufficient evidence to show the loss was excluded from coverage under the policy's terms, the burden shifts to the insured to produce evidence of an exception to that exclusion sufficient to establish a genuine issue of material fact in dispute); Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding that, where a policy excludes coverage for the type of loss suffered, “the insured has the burden to prove an exception to an exclusion contained within an insurance policy”); E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (holding: “Once the insured shows coverage, the burden shifts to the insurer to prove an exclusion applies to the coverage. If there is an exception to the exclusion, the burden once again is placed on the insured to demonstrate the exception to the exclusion”) (citation omitted).
PER CURIAM.
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Docket No: No. 3D20-947
Decided: September 29, 2021
Court: District Court of Appeal of Florida, Third District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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