44 Fla. L. Weekly D2001b
277 So. 3d 658
Insurance — Property — Consequential damages — Question certified whether, in a first-party breach of insurance contract action brought by an insured against its insurer, not involving suit under section 624.155, does Florida law allow the insured to recover extra-contractual, consequential damages
MANOR HOUSE, LLC, OCEAN VIEW, LLC AND MERRITT, LLC, Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 5th District. Case No. 5D17-2841. Opinion filed August 2, 2019. Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge. Counsel: Mark Boyle, Alexander Brockmeyer, and Molly Chafe Brockmeyer, of Boyle & Leonard, P.A., Ft. Myers, and Christopher N. Mammel of Merlin Law Group, P.A. West Palm, for Appellants. Kara Berard Rockenbach, and Rachel Jenny Glasser, of Link & Rockenbach, P.A., West Palm Beach, and J. Pablo Caceres, of Butler, Weihmuller, Katz and Craig, LLP, Tampa, for Appellee.ON MOTION FOR REHEARING, REHEARINGEN BANC, AND CERTIFICATION[Original Opinion at 44 Fla. L. Weekly D1403b]
(EDWARDS, J.) We deny Appellee’s motion for rehearing and rehearing en banc. However, we certify the following question as one of great public importance to the Florida Supreme Court:
IN A FIRST-PARTY BREACH OF INSURANCE CONTRACT ACTION BROUGHT BY AN INSURED AGAINST ITS INSURER, NOT INVOLVING SUIT UNDER SECTION 624.155, FLORIDA STATUTES, DOES FLORIDA LAW ALLOW THE INSURED TO RECOVER EXTRA-CONTRACTUAL, CONSEQUENTIAL DAMAGES?
MOTION FOR REHEARING AND FOR REHEARING EN BANC DENIED; QUESTION CERTIFIED. (ORFINGER and EISNAUGLE, JJ., concur.)
