Third District Court of Appeal
State of Florida
Opinion filed September 29, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-947
Lower Tribunal No. 17-10215
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Maria Muguercia, et al.,
Appellants,
vs.
Citizens Property Insurance Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Abby
Cynamon, Judge.
Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for
appellants.
Roig Lawyers, and Abbi Freifeld Carr, Veresa Jones Adams, and
Jeffrey Geldens (Deerfield Beach), for appellee.
Before EMAS, HENDON and GORDO, JJ.
PER CURIAM.
Affirmed. See Deshazior v. Safepoint Ins. Co.,
305 So. 3d 752, 754-
55 (Fla. 3d DCA 2020) (affirming summary judgment in favor of insurer,
holding that where the insurer produces sufficient evidence to show the loss
was excluded from coverage under the policy’s terms, the burden shifts to
the insured to produce evidence of an exception to that exclusion sufficient
to establish a genuine issue of material fact in dispute); Fla. Windstorm
Underwriting v. Gajwani,
934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding
that, where a policy excludes coverage for the type of loss suffered, “the
insured has the burden to prove an exception to an exclusion contained
within an insurance policy”); E. Fla. Hauling, Inc. v. Lexington Ins. Co.,
913
So. 2d 673, 678 (Fla. 3d DCA 2005) (holding: “Once the insured shows
coverage, the burden shifts to the insurer to prove an exclusion applies to
the coverage. If there is an exception to the exclusion, the burden once again
is placed on the insured to demonstrate the exception to the exclusion”)
(citation omitted).
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