Centex-Rodgers Construction Co. v. Herrera

A jury awarded plaintiff over $750,000 in damages in a negligence case. We affirm the trial court’s order letting the verdict against defendants stand. The trial judge also reduced the award, however, by a setoff under section 768.76(1) for sums paid under an insurance policy. We reverse the setoff.

Section 768.76(1) provides:

“In any action to which this part applies in which liability is admitted or is determined by the trier of fact and in which damages are awarded to compensate the claimant for losses sustained, the court shall reduce the amount of such award by the total of all amounts…