Citizens Property Insurance Corporation v. Salkey

I agree that Citizens is entitled to a new trial in this case. I also agree that Florida uses the “efficient proximate cause” doctrine in some coverage disputes. Am. Home Assurance Co. v. Sebo, 141 So.3d 195, 201 (Fla. 2d DCA 2013), rev. granted, 160 So.3d 898 (Fla.2014). This doctrine essentially requires the jury to determine which peril was the most substantial or responsible factor in the loss. Id, at 198. The party who must establish that a loss is covered or that a loss is excluded should typically have the burden of proof on this complicated issue. See Citizens Prop. Ins. Corp. v.…