As the jury was not asked to determine the deductible’s applicability, the trial court erred by not applying the hurricane deductible post-verdict to offset the jury’s determination of damages.

The plaintiffs sued Citizens for breach of contract, alleging their property, including the roof, interior and fencing, were damaged by Hurricane Ian. During the trial, there was no testimony, legal argument or jury instructions regarding the application of the Hurricane deductible. However, Citizens had introduced a copy of the policy into evidence. Citizens’ counsel agreed to the verdict form relative to damages on the condition that the court factor in any deductible after the verdict was signed. The court told Citizens’ counsel that, “You are way ahead,” and any concern about the deductible had no impact on the propriety of the jury instruction. Ultimately, the jury returned a verdict in favor of the plaintiffs for damage to the fence in the amount of $1,000. Citizens argued that final judgment should not be entered for the plaintiffs because it was entitled to a credit for the $2,900 hurricane deductible. The trial court rejected Citizen’s argument and entered judgment for the plaintiffs for $1,000.

The general practice is for the trial court to determine the application of an insurance deductible after the jury verdict. Here, although the subject policy was entered into evidence, the jury was never made aware of the hurricane deductible, and the jury instructions contained no reference to the application of the deductible; therefore, the jury did not take the deductible into account. Since the jury was never tasked with determining the deductible’s applicability, the trial court erred by failing to apply the hurricane deductible post-verdict to offset the jury’s determination of damages. Further, the court’s response to Citizens’ counsel during the charge conference was a tacit acknowledgment that the deductible would be applied post-verdict.

The reviewing court reversed the final judgment and remanded to the circuit court for entry of a final judgment in favor of Citizens. 

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