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HomeMy WebLinkAbout0329 shed listed in Plaintiff's proof of loss valued at $175.04, when in fact this shed was not damaged by the fire at all and was given by the Plaintiff or her husband to a nei~hbor. In ~ addition, Plaintiff listed in her groof of loss a washin~ machine. dryer, television set, full length fur~coat and various items of ~ewelry, but neither the Fire Marshall who spent ap- ~ proximately three to four hours siftin~ through the debris, nor the other fireman who spent approximately Chree hours going through the debris could find any evidence of these items in : { the mobile home. Plaintiff's husband stated that he was lasC ; ; inside the mobile home tliree days before the fire and that all of these items were in the mobile home at that time. Defendant has failed to meet the heavy burden of establishing that the . Plaintiff's overestimate was a willful and purposeful misrepre- ~ sentation of facts under circurastances to which the law would - attribute the intention to defraud so that nefendant can void ; ; its policy. 18 Fla. Jur., Insurance, §797. ~ ~ s . - ~ Defendant ciid r~ot act in ~ood faith in its dealinPs with = Plaintiff after the fire,-since Defendant never offered to pay ; ~ Plaintiff any amount for the loss of the mobile home, althou~h s ~ ~ there was no dispute about the total_ loss of the mobile home. ~ ~ At the very least, Defendant should have paid the lienholder, ~ Commercial Credit Cornoration, the amount due it, or the S1~,000 ~ _ - limit of its policy, whichever was less. B_y;the Defendant not paying the lienholder, Plaintiff was required to continue.to make mortgage payments and to pay the additional interest-on this loan from ~he date of the fire. - The insurance policy had a limit of loss for all of the jewelry and furs of $500.00. The Court determines.that the.fair ; ~ f market value of the personal effects and contents in the mobile ~ home at the time of loss is $2,000. Many of the the items which ~ Plaintiff claimed were destroyed were not in the mobile home ~ after the fire, as established by the testimony of both the Fire ~ . ~ Marshall and another fireman who spent a total of apnroximatel_y ~ six to seven hours searching through the debris for items of ~ i -4- ~ ~ . ~ _ aoaK303- ~E 325 . _ - _ ~ ~ ~ _ f ~