Boyd & Jenerette Shareholder Kansas Gooden was quoted in an article featured in the Daily Business Review titled, “Florida High Court Rules for Citizens Property Insurance on Question of Great Public Importance.” The article highlights the Florida Supreme Court’s recent decision in Citizens v. Manor House, in which the Court held extra-contractual, consequential damages are not available in a first-party breach of insurance contract action because the contractual amount due to the insured is the amount owed pursuant to the express terms and conditions of the insurance policy. She explained that this decision will protect insurance companies from extra-contractual damages it does not owe in a first-party property case.
She stated: “The way the Fifth DCA’s opinion was worded, it impacted every single insurance company across the state who handled these claims because it opened them up to liability to the special type of damages than they otherwise would have been,” Gooden said. “For an insurance company, it drives up costs of claims, litigation costs, and this decision counteracts all of that. It will make premiums go down. It will keep litigation costs down.”
Kansas Gooden represented the Florida Defense Lawyers Association (FDLA) in the litigation. She is currently the President-Elect of the FDLA and serves as the chair of the organization’s Amicus Committee.
To read the full article, click on the following link: