WARFEL v. UNIVERSAL INS. CO. OF N. AMERICA

No. 2D08-3134.

36 So.3d 136 (2010)

Michael WARFEL, Appellant, v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, Appellee.

District Court of Appeal of Florida, Second District.

May 12, 2010.


Attorney(s) appearing for the Case

Nancy A. Lauten and George A. Vaka of Vaka, Larson & Johnson, P.L., Tampa; and Jonathan Hall, Joshua E. Burnett, and Marshall Thomas Burnett, Tampa, for Appellant.

Alicia Lopez and Karl Forrest of Groelle & Salmon, P.A., Tampa, for Appellee.


LaROSE, Judge.

Michael Warfel appeals a final judgment entered in favor of Universal Insurance Company of North America in a sinkhole insurance coverage case. Mr. Warfel is entitled to a new trial because the trial court should not have instructed the jury on an evidentiary presumption that impermissibly shifted the burden of proof to him. Accordingly, we reverse.

In March 2005, Universal issued an all-risks homeowners' insurance policy to Mr. Warfel. The...

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