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Legal Updates for Florida Coverage and Property Litigation

Second District Court of Appeal Reverses Directed Verdicts in Coverage Dispute Over Roof Replacement and Actual Cash Value

Weston v. Univ. Prop. & Cas. Ins. Co., Fla. 2nd DCA, No. 2D2024-1340, Oct. 24, 2025

December 1, 2025

by Ashley J. Johns

In a decision clarifying the role of the jury in insurance coverage disputes, the Second District Court of Appeal reversed three directed verdicts previously entered in favor of the insurer in a breach of contract case. The underlying dispute centered on whether damage to more than 25% of the plaintiffs’ roof required full replacement and whether the insurer failed to pay the actual cash value of the loss. Although the trial court concluded the plaintiffs presented no evidence of underpayment and had not triggered the defendant’s obligation to issue additional benefits, the appellate court held that the parties’ sharply conflicting evidence regarding roof damage, interior repairs, and valuation created factual disputes that should have been decided by a jury.

The underlying breach of contract suit involved a coverage dispute pertaining to roof repairs at Clifton and Velona Westons’ property. After the claim was filed, Universal Insurance inspected the property and found damaged shingles on the roof and interior damage. Universal then prepared an estimate and sent a payment to the Westons after applying the deductible. The Westons disagreed with Universal’s assessment and obtained estimates from roofers. 

At trial, the Westons’ engineer opined there was damage to more than 25% of the roof; thus, the entire roof needed to be replaced. This expert also noted that the new shingles would not match the color of the old shingles. 

The trial court determined that the Westons’ estimate was not an actual cash value estimate because it included costs for matching the shingles, costs incidental to the repair and construction process and costs for compliance with the building code’s 25% rule, all of which address repairs to portions of the property that were not directly and physically damaged by the claimed loss.

The trial court ruled that: (1) the Westons presented no evidence on which a reasonable juror could find that Universal failed to pay at least the actual cash value of the loss; (2) as the Westons did not begin to replace their roof prior to filing suit, Universal was under no obligation to make any additional payments; and (3) the only estimate in evidence presented to Universal prior to suit was the estimate on which it made payment.

However, the Second District Court of Appeal concluded that the evidence presented at trial, when viewed in the light most favorable to the Westons, could support a verdict in their favor and that the trial court erred in not allowing the jury to hear the parties' competing valuations of the Westons' loss. The court concluded that the dispute over the interior damage, the percentage of the roof damaged, and the cost to repair the damages to the property were disputes over facts that should have been submitted to a jury; therefore, the trial court erred in entering a directed verdict.

As it was undisputed that Universal rejected the Westons' claim that their roof needed to be replaced, Universal maintained that it had no further obligation to the Westons and was unwilling to pay the actual cash value of the roof replacement and interior damage. Thus, the second directed verdict was erroneous as Universal was arguably in breach of the policy by rejecting the Westons’ claim for roof replacement and related damages and, as a result, failing to pay the actual cash value of the loss.

Further, the court determined that the trial court erred in entering the third directed verdict because “the policy did not require the Westons to provide the company with an actual cash value estimate before filing suit. This is especially notable as Universal had taken the position well before suit was filed that its payment fulfilled its obligation to the Westons.” Further, the corporate representative of Universal testified that they “received estimates for roof repairs from the Westons before they filed suit. Universal simply disagreed with the estimates because they were for roof replacement and related repairs, which Universal had determined were unnecessary. Thus, the Westons satisfied their obligations under the policy before filing suit.”

Thus, the Second District Court of Appeal reversed the final judgment in favor of Universal. 

Legal Update for Florida Coverage & Property Litigation – December 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.

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Pennsylvania Appellate Update 2025-2026

On August 21, 2026, Casey will serve as a panelist for the live webcast program, “Pennsylvania Appellate Update 2025-2026” presented by the Appellate Advocacy Committee of the Pennsylvania Bar Association and Pennsylvania Bar Institute. The program is divided into three parts—Criminal, Civil, and Administrative. Casey will serve as a panelist for the Civil portion, along with Christina McKinley of Blank Rome, Ben Baer of Injury Law Partners, John Masslon of Keller Postman, Jonathan Bruno of Bruno Litigation LLC, and moderator, Ezza Ahmed of Buchanan Ingersoll.  Registration and more information: https://www.pbi.org/product/pennsylvania-appellate-update-2025-2026/

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The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.