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FLORIDA WINDSTORM UNDERWRITING ASSOCIATION (FWUA), Appellant/Cross-Appellee, v. DOROTHY M. DURSO, Appellee/Cross-Appellant.

27 Fla. L. Weekly D2583d

Insurance — Interest — Error to award prejudgment interest on insured property damage claim from date of jury verdict rather than from date of loss agreed upon by parties

FLORIDA WINDSTORM UNDERWRITING ASSOCIATION (FWUA), Appellant/Cross-Appellee, v. DOROTHY M. DURSO, Appellee/Cross-Appellant. 1st District. Case No. 1D01-4478. Opinion filed December 4, 2002. An appeal from the Circuit Court for Santa Rosa County. Michael G. Allen, Judge. Counsel: Janet L. Brown of Boehm, Brown, Seacrest & Fischer, P.A., Maitland, for Appellant/Cross-Appellee. Artice L. McGraw of Cetti, McGraw & Bearman; Louis K. Rosenbloum of Louis K. Rosenbloum, P.A.; Samuel W. Bearman of Law Offices of Samuel W. Bearman, Pensacola, for Appellee/Cross-Appellant.

(WOLF, J.) The appellant has raised two issues on direct appeal, both of which we affirm without discussion. However, we reverse the issue raised on cross-appeal. We hold that the trial court erred by awarding the appellee pre-judgment interest on her insured property damage claim from the date of the jury verdict, April 4, 2001, rather than from the date of loss agreed upon by the parties, January 1, 1996.

Affirmed in part and reversed in part. (MINER and LEWIS, JJ., concur.)

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