🏠 AOB Roof Claim Showdown: When Does an Insurer Breach? | SFR v. Tower Hill | 6th DCA

Oral argument before Florida's Sixth District Court of Appeal (6th DCA) in SFR Services, LLC, as assignee of Michael Carbonara and Mary Carbonara v. Tower Hill Prime Insurance Co., Case No. 23-118 — an assignment-of-benefits (AOB) property-insurance appeal.

The Carbonaras assigned their post-loss insurance benefits to SFR Services, a roofing contractor that pursued a breach-of-contract claim against Tower Hill arising from disputed damage to the insured's tile roof. After a full jury trial that ended in a hung jury (mistrial), procedural and substantive issues drove this appeal. The argument centers on what triggers a "breach" by the insurer for purposes of attorney's-fee entitlement, how the verdict form's first question (whether the insured proved Tower Hill failed to pay sufficient amounts above the deductible) framed the dispute, and how depreciation should be calculated on the roof (50 disputed tiles vs. the entire roof, life-cycle methodology, and the role of expert testimony).

Key Issues Argued:
• Validity and scope of post-loss assignment of benefits (AOB) under Florida law
• When an insurer's underpayment constitutes a "breach" entitling the insured/assignee to fees
• Proper depreciation methodology for tile-roof damage (partial vs. whole-roof)
• Effect of a mistrial and the verdict-form questions on subsequent proceedings
• Directed verdict standards in first-party insurance litigation
• Application of Florida's prevailing-party attorney's fees statute for insureds (§ 627.428 / current § 86.121)

Authorities and Index of Rules & Statutes Cited:
§ 627.7152 / § 627.7153, Fla. Stat. — Assignment of insurance benefits (AOB reforms)
§ 627.428, Fla. Stat. — Attorney's fees for prevailing insureds (historical, applicable to pre-2023 claims)
§ 86.121, Fla. Stat. — Declaratory-action attorney's fees in insurance
Fla. R. Civ. P. 1.510 — Summary Judgment (referenced)
Fla. R. Civ. P. 1.480 — Motion for Directed Verdict

Cases / Authorities Discussed:
• SFR Services (Carbonara) v. Tower Hill Prime (case below)
• Florida authorities on insurer "breach" tied to amount-of-damages findings at trial

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