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Insurance | Florida Middle
Order on Motion in Limine
ORDER: The Court has been 42 advised of the parties' stipulation and agreement as to Plaintiff Thomas W. Carey & Associates, PLLC's 30 Motion in Limine Regarding Contract for Repairs. To the extent the Policy and/or section 627.707, Florida Statutes, requires Plaintiff to enter into and/or provide a contract for subsurface repairs as a condition to Defendant's obligation to issue payment for such repairs, that requirement concerns Defendant's obligation to issue payment post-trial and does not preclude the determination of covered subsurface repair damages at trial. Any issue concerning satisfaction of that requirement and Defendant's resulting obligation to issue payment will, if necessary, be addressed by the Court post-trial. Any such requirement does not preclude Plaintiff from establishing at trial the existence and amount of covered subsurface repair damages, including the cost to stabilize the land and building and repair the foundation. Defendant will not argue, offer evidence, or otherwise suggest to the jury that Plaintiff has not submitted a contract for subsurface repairs, or that Plaintiff's failure to enter into or produce such a contract constitutes a defense to Plaintiff's breach-of-contract claim or precludes the jury from determining the amount of covered subsurface repair damages. Signed by Judge William F. Jung on 8/21/2026. (BJL)
Amended Order
AMENDED ORDER amending 43 Order as to Plaintiff Thomas W. Carey & Associates, PLLC's 30 Motion in Limine Regarding Contract for Repairs. Signed by Judge William F. Jung on 8/21/2026. (BJL)
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