INSUREDS MAY NOT RECOVER EXTRA-CONTRACTUAL, CONSEQUENTIAL DAMAGES IN A FIRST-PARTY BREACH OF INSURANCE CONTRACT ACTION AGAINST CITIZENS 

Citizens Property Ins. Co. v. Manor House, 46 Fla. L. Weekly S21 (Fla. January 21, 2021):

In this case involving a first-party claim for breach of an insurance contract against Citizens, the insured sought to recover extra-contractual consequential damages for lost rental income. However, the Florida Supreme Court concluded that such damages are not available in first-party breach of insurance contract actions. Instead, the amount due to the insured is the amount owed pursuant to the express terms and conditions of the policy.

The court went on to further explain that while “extra contractual” damages are available in a separate bad faith action pursuant to §624.155, in this particular case, such damages were not recoverable anyway, because Citizens is statutorily immune from first-party bad faith.