Florida District Courts of Appeal, 2016

Garcia v. Tower Hill Signature Insurance Co.

Garcia v. Tower Hill Signature Insurance Co.
Florida District Courts of Appeal · Decided October 21, 2016 · Lawson, Torpy, Wallis, -Concur
201 So. 3d 1243; 2016 Fla. App. LEXIS 15695 (Southern Reporter, Third Series)

Garcia v. Tower Hill Signature Insurance Co.

Opinion

PER CURIAM.

Marcial and Martina Garcia appeal the trial court^s final judgment in favor of Tower Hill Signature Insurance Company, which, -despite initially denying the Garci-as’ sinkhole claim, ultimately extended coverage after the Garcias filed suit and a neutral evaluator confirmed the sinkhole damage. In finding that Tower Hill’s initial denial of coverage did not bréach the Garcias’ insurance policy, the trial court correctly applied then-binding precedent recently' disapproved by the Florida Supreme ‘Court in Johnson v. Omega Ins. Co., 200 So.3d 1207, 41 Fla. L. Weekly S415, 2016 WL 5477795 (Fla. Sept. 29, 2016). As such, we reverse the final judgment and remand for further proceedings consistent with Johnson.

REVERSED and REMANDED with INSTRUCTIONS.

LAWSON, C.J., TORPY and WALLiS, JJ,,-concur.

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