Universal Insurance Co. of North America v. Warfel
82 So. 3d 47
| Fla. | 2012Background
- Warfel filed an August 2005 sinkhole claim against Universal, which hired SD II Global to test the claim; SD II’s report concluded damage was caused by shrinkage/settlement and fell outside coverage, leading to denial of the claim.
- The 2005 sinkhole reform law added 627.7072 and 627.7073; 627.7073(1)(c) provides a presumption that engineer/geologist findings and stabilization recommendations are presumed correct.
- The trial court applied the new statutes retroactively and instructed the jury with a presumption that the SD II report was correct, shifting burden of proof.
- The Second District reversed, holding no express social policy justifies a burden-shifting presumption in 627.7073(l)(c) and certified a public-importance question about whether 90.304 governs the presumption.
- This Court reviews de novo whether 90.304 applies to the 627.7073(l)(c) presumption; the court ultimately holds the 627.7073(l)(c) presumption is in the claim process, not litigation, and 90.303 governs in court.
- The opinion concludes by approving the Second District’s reversal and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 627.7073(l)(c) creates a 90.304 burden-shifting presumption | Warfel argues 90.304 applies to shift the burden | Universal contends 90.304 governs the presumption | No; presumption is for the claim process, not litigation (90.303 governs) |
| Whether the sinkhole presumption applies in litigation context | Warfel contends the presumption should affect trial burden | Universal contends it operates in trial too | Presumption does not apply to litigation; statutes govern the claims process |
| Whether Beal/Combee/Barfield undermine the 90.303 framework here | Warfel relies on social-policy presumptions to shift burden | Universal cites analogous social-policy presumptions | Combee and Barfield distinguished; Beal/other examples not controlling; 90.303 governs absent explicit language. |
Key Cases Cited
- Nationwide Mut. Ins. Co. v. Griffin, 222 So.2d 754 (Fla. 4th DCA 1969) (established Thayer–Wigmore approach; presumptions are largely vanishing unless burden-shifting policy shown)
- Caldwell v. Division of Retirement, 372 So.2d 438 (Fla. 1979) (express social policy presumption; burden of proof shifts)
- Beal Bank, SSB v. Almand & Associates, 780 So.2d 45 (Fla. 2001) (Beal clarifies Beal-type presumptions and Beal framework; no universal application to statutory presumptions)
- Public Health Trust v. Valcin, 507 So.2d 596 (Fla. 1987) (presumptions shifting burden of proof as social policy; context cited in analysis)
- City of Delray Beach v. Barfield, 579 So.2d 315 (Fla. 4th DCA 1991) (example of 90.304 application in statutory presumption (not controlling here))
- In re Estate of Combee, 583 So.2d 708 (Fla. 2d DCA 1991) (illustrates when 90.304 applies to statutory presumptions; distinguishable here)
- Caldwell v. Division of Retirement, 372 So.2d 438 (Fla. 1979) (reiterated Thayerian vs social policy presumptions; framework cited)