A Lesson Learned: When Proving Material Misrepresentation Just Ain’t Good Enough
In Citizens Property Insurance Corp. V. Ernesto and Rebecca Bascuas, a Florida 3rd DCA opinion issued October 14, 2015, the Court somehow allowed a policyholder to recover attorney fees and retain insurance benefits despite a clear finding of fact by the jury that the policyholder made false misrepresentations. In that case, Citizens defended a homeowner’s property damage breach of contract claim. Citizens had previously paid some of the damages being claimed. Subsequently, Citizens filed an affirmative defense alleging a material misrepresentation by the policyholder. Citizens also filed a counterclaim alleging unjust enrichment of the insured for the sums previously paid by Citizens.