Legal Opinion · Concurring in part, dissenting in part

Citizens Property Insurance Corp. v. Ashe

District Court of Appeal of Florida

Decided November 17, 2010No. 1D09-1546Published

1Concurring in part, dissenting in partVan Nortwick, J.

I concur in all parts of the majority opinion except for the reversal of the trial court’s granting of the motion in limine which excluded evidence of flood insurance. Because I conclude that the collateral source rule requires the exclusion of evidence of flood insurance in this case, I find no error in the trial court’s granting the motion. Accordingly, I respectfully dissent as to that issue.

Citizens argues that the claim Ashe made to his flood insurer and the proceeds he received are relevant to the jury’s determination of his damages since the fundamental issue in this case is what peril…

2Cases cited18 opinions

  1. Gormley v. GTE Products Corp.Supreme Court of Florida · 1991
  2. Purdy v. Gulf Breeze Enterprises, Inc.Supreme Court of Florida · 1981
  3. Amalgamated Transit Union Local 1324 v. RobertsSupreme Court of Georgia · 1993
  4. Cook v. EneyDistrict Court of Appeal of Florida · 1973
  5. Hubbard Broadcasting, Inc. v. LoescherSupreme Court of Minnesota · 1980

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