Insurance Litigation Group Scores Appellate Victory

On March 26, 2021, the Fourth District issued a ruling in the matter of Jennifer Mezadieu v. Safepoint Insurance Company, which critically cemented the principle that ‘intentionality’ on the part of an insured is not a prerequisite for prevailing on material misrepresentations pursuant to the fraud or concealment provisions commonly found in homeowner insurance policies.

Most impactful of all, the decision simultaneously established a new, prospective standard of conduct that insureds in Florida should expect to meet when defining their damages in future cases.

The underlying dispute originated from a bathroom plumbing leak in the insured’s home, which was ultimately denied by Safepoint.

Dissatisfied with the coverage determination, the insured filed suit asserting a breach of the insurance policy. At the discovery stage, the insured submitted an estimate prepared by her loss consultant that was substantively identical to the one produced to SafePoint pre-suit.

Significantly, the estimate sought damages to every room in the home, and most notably included costs to replace the cabinets in the insured’s kitchen, an area not remotely proximate to the site of the subject loss.