The doctrine of “reasonable expectations” does NOT apply to insurance policies. Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025). ” ‘Under this doctrine, the insured’s expectations as to the scope of coverage is upheld provided that such expectations are objectively reasonable.’ The insured is entitled to all the coverage he or she may have reasonably expected — without due regard to the actual language provided by that policy or the risk underwritten.” See id. (internal citations omitted).
However, in Florida, this doctrine of reasonable expectations has been rejected by Florida’s Supreme Court when it comes to interpreting insurance policies. See, supra, Catalina West Homeowners Association. “Instead, Florida courts must focus on the plain language of the insurance policy and give effect to those express terms. The parties’ unexpressed intent or desires have no effect. We strongly reject any attempts to revive this doctrine or fundamentally change how Florida courts interpret insurance policies.” See id. (internal citations omitted).
An illustration can be found in Catalina West Homeowners Association, a non-construction dispute. A homeowner was ambushed and killed by assailants at his home that gained access to the development. The homeowner’s estate sued the association for negligent security. The association had a businessowners policy that excluded coverage for physical abuse. The insurance company filed a declaratory relief action that it had no obligation to defend or indemnify the association because of the physical abuse exclusion. The trial court agreed as did the appellate court. One of the argument raised was the doctrine of reasonable expectations, i.e., that there was the expectation that the association would have coverage for this claim. “There is no basis in law or fact for this Court to rewrite the insurance contract in the manner advocated by [the association]. The policy is unambiguous. It excludes “physical abuse,” which is where someone actually, attempts, or threatens cruel and violent treatment to another person’s body resulting in physical injury. An ambush and shooting squarely qualify.” See, supra, Catalina West Homeowners Association.
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