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District Court of Appeal of Florida


Nationwide Mut. Ins. Co. v. Chillura, 2D04-4906

A judgment entered pursuant to a jury verdict awarding insureds-property owners damages in their sinkhole claim against their property insurer is affirmed where: 1) the trial court was correct to find coverage and award damages for the cost of the repairs to the foundations that involved the use of an initial amount of pins; 2) a jury-s finding of coverage and awarding of the cost of additional pins was supported by competent, substantial evidence; 3) jury-s award of damages for repairs to the interiors, repairs to the exteriors, and loss of rents were also supported by the record; and 4) thus, the trial court's award of damages as recited in the amended final judgment was correct, as the revised total amount also exceeded policy limits.

Appellate Information

  • Decided 01/19/2007
  • Published 01/19/2007

Judges

  • DAVIS, Judge.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • John J. Pappas and Anthony J. Russo of Butler Pappas Weihmuller Katz Craig LLP, Tampa, for Appellant., Ileana M. Espinosa, Richard Lydecker, and Carlos De Zayas of Lydecker & Wadsworth, LLC, Miami, for Amicus Curiae Citizens Insurance Co., Harold B. Klite Truppman and Eli L. Samet of Harold B. Klite Truppman, P.A., Miami, for Amicus Curiae United Policyholders.

  • For Appellees:
  • Raymond T. Elligett of Schropp, Buell & Elligett, P.A., Tampa;  and David J. Pettinato and William F. Merlin, Jr., of Merlin Law Group, P.A., Tampa, for Appellees.
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