Case Law Update: Citizens Property Insurance v. Buergo — Florida Carrier Coverage Dispute

Citizens Property Insurance Corporation v. Haydee Buergo

Court: District Court of Appeal of Florida
Date Filed: March 4, 2026
Docket Number: Pending

Background

Citizens Property Insurance Corporation — Florida's state-created insurer of last resort — disputed a property insurance claim filed by policyholder Haydee Buergo. Citizens is the largest property insurer in Florida, covering over 1.2 million policies, and disputes with Citizens represent a significant portion of Florida property insurance litigation.

Key Issues

The case involved a coverage dispute between Citizens and the policyholder, addressing questions about the scope of coverage under a Citizens property insurance policy. Citizens frequently contests claims on the basis of policy exclusions, coverage limitations, and claims handling procedures specific to the state-run insurer.

Court's Decision

The Florida District Court of Appeal addressed the coverage dispute, examining the policy language, the nature of the claimed loss, and Citizens' basis for disputing the claim. The ruling provides important guidance on how Florida courts interpret Citizens policies and resolve coverage disputes with the state insurer.

Why This Matters for Public Adjusters

Given that Citizens is the largest property insurer in Florida, this ruling directly affects a huge number of active claims. Public adjusters should note:

• Citizens policies have unique provisions that differ from private carrier policies
• The ruling clarifies how courts interpret Citizens-specific policy language
• It addresses procedural requirements for disputing Citizens claim decisions
• It provides precedent for challenging Citizens denials and underpayments
• PAs handling Citizens claims should review this decision for applicable strategies

Practical Takeaway: Citizens claims require special attention to the unique policy terms and claims procedures of the state insurer. When Citizens denies or underpays a claim, this ruling reinforces that policyholders have legal avenues to challenge those decisions. Document all communications with Citizens thoroughly and consider early legal referral for disputed claims.

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Practical Advice for Similar Cases

If you are handling a claim against Citizens Property Insurance:

• Know Citizens' unique position. As Florida's insurer of last resort, Citizens has specific statutory requirements under F.S. 627.351.
• Review the policy form carefully. Citizens uses standardized forms that differ from private carrier policies.
• Respond promptly to all Citizens requests. Citizens strictly enforces proof of loss requirements and documentation deadlines.
• Use OIR data. Citizens' catastrophe claims data is publicly available to compare your claim against overall payment patterns.

Need help with a similar claim? Submit your policy for a free review by our property damage attorneys, or call us at 833-657-4812.