Insurance — Homeowners — Property damage — Actual cash value — Evidence — Matching costs — Action for breach of insurance contract alleging that insurer failed to pay actual cash value for loss — Predecessor judge adhered to plain language of policy and Florida law in granting insurer’s motion in limine to preclude insured from introducing evidence of matching costs before insured began making repairs — Plain language of insurance policy and relevant statutes limit the initial payment of actual cash value to the direct physical loss to the property, and matching is not a direct physical loss — Entry of judgment as to breach of contract reversed where trial court committed procedural error by summarily concluding that insured could not recover for breach of contract despite neither party moving for summary judgment — Declaratory judgment — Directed verdict — Trial court erred in entering directed verdict in declaratory action — Declaration requested was moot where question of law had been previously settled — Moreover, trial court exceeded its procedural authority in directing verdict prior to commencement of trial
45 Fla. L. Weekly D642a
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