ROTHENBERG, J.
Amado Trinidad ("Trinidad"), the plaintiff below, appeals a summary judgment granted in favor of the insurer of his home, Florida Peninsula Insurance Company ("Florida Peninsula"). Trinidad's lawsuit was based on Florida Peninsula's failure to pay him for overhead and profit. Because Trinidad's insurance policy is unambiguous, and he has not contracted to incur or incurred these costs, the trial court properly granted summary judgment in favor of Florida Peninsula, and we affirm.
After a fire damaged Trinidad's house on February 11, 2008, he submitted a claim for payment to Florida Peninsula. Florida Peninsula admitted coverage and paid the claim. Trinidad, however, contends that Florida Peninsula's payment was insufficient because it did not include an amount for overhead and profit.
Overhead and profit are elements of the costs paid to a contractor for repairs, and are included in repair contracts and estimates. See Goff v. State Farm Fla. Ins. Co., 999 So.2d 684, 689-90 (Fla. 2d DCA 2008). Overhead includes fixed costs to
Trinidad initially based his argument on his contention that the loss settlement provision of his policy provided for an "actual cash value" payment for his loss, and "actual cash value" includes overhead and profit. Actual cash value is the actual cost of repair, less depreciation.
Our standard in reviewing an order granting summary judgment is de novo. See Bldg. Educ. Corp. v. Ocean Bank, 982 So.2d 37, 40 (Fla. 3d DCA 2008). Moreover, because the issue on appeal is a question of insurance policy interpretation, the question is one of law that is subject to de novo review. Penzer v. Transp. Ins. Co., 29 So.3d 1000, 1005 (Fla.2010).
The policy's language governs the outcome of this case, and Florida law mandates that we construe insurance contracts in accordance with their plain meaning. Itnor Corp. v. Markel Int'l Ins. Co., 981 So.2d 661, 663 (Fla. 3d DCA 2008). Thus, "[w]here the language of an insurance policy is clear and unambiguous, it must be construed to mean what it says and nothing more." Telemundo Television Studios, LLC v. Aequicap Ins. Co., 38 So.3d 807, 809 (Fla. 3d DCA 2010).
In granting summary judgment in favor of Florida Peninsula, the trial court concluded: 1) the policy was unambiguous; 2) it excluded payment for overhead and profit unless such expenses are either incurred by the insured or reflected in a contract that binds the insured; and 3) because neither event occurred in this case, Trinidad was not entitled to such payments. We agree.
Under section I.3.b of the policy, Florida Peninsula will pay for covered losses at replacement cost, without deduction for depreciation, subject to the following:
The policy, therefore, unambiguously provides that Florida Peninsula pay replacement costs or the costs Trinidad actually incurs or which he demonstrates he is
Thus, since 2005 the loss settlement section of Trinidad's policy was based on replacement costs, not actual cash value. The policy's language specifically uses the words "replacement cost" to cover situations where the insured does not hire a contractor and does not spend money to repair or replace the loss, and in the alternative, it provides for payment of money "actually spent" when the property is actually repaired or replaced.
Trinidad contends overhead and profit is always a part of replacement costs, without regard to whether such costs are incurred or are likely to be incurred. In support of his claim, Trinidad cites to Bankers Security Insurance Co. v. Brady, 765 So.2d 870, 871 (Fla. 5th DCA 2000). We are not persuaded by Trinidad's argument and Brady does not conflict with our conclusion. It is undisputed that general contractors, who coordinate and schedule the work to be performed by the subcontractors, are entitled to overhead and profit, and Trinidad's policy provides for the payment of overhead and profit. It is also undisputed that
The Fifth District's holding in Brady does not require this Court to hold otherwise, and is not in conflict with this Court's findings. In Brady, the policy provided for payment on an actual cash value basis. Additionally, the insured retained a contractor, the insurer had already made a payment to the insured in connection with the contractor's repairs which included overhead and profit, and the insurer had already agreed to pay for profit and overhead. The issue before the Brady court was whether a previous settlement amount bound the insurer to make
In the instant case, however, the policy is a replacement cost policy, no contractor was hired, no repairs were made that required payment of overhead and profit, and no contract for such repairs was entered into or presented to Florida Peninsula. Thus, Florida Peninsula did not owe Trinidad for these costs, and the trial court correctly entered summary judgment in favor of Florida Peninsula. See State Farm Fla. Ins. Co. v. Lorenzo, 969 So.2d 393, 395-96 (Fla. 5th DCA 2007) (holding that based on the policy language, which
Our reading of section 627.7011(3), relating to depreciation holdbacks in replacement cost policies, also does not alter our conclusion in this case. Payment for profit and overhead is not mentioned in section 627.7011, which requires payment of "replacement costs without reservation or holdback of any depreciation in value, whether or not the insured replaces or repairs the dwelling." § 627.7011(3). The statute only requires that replacement costs be paid without a holdback for depreciation. The statute does not require payment of profit and overhead which have not been incurred nor are likely to be incurred. Thus, the statute's plain language precludes Trinidad's interpretation. See Fla. Farm Bureau Cas. Ins. Co. v. Cox, 967 So.2d 815 (Fla.2007) (finding a statute's plain language did not support reading additional language into its terms).
The policy's unambiguous terms require Trinidad to either hire a contractor who charges for overhead and profit or to incur expenses for overhead and profit before Florida Peninsula is required to pay for such costs. Because he did neither, Florida Peninsula was not obligated under the policy to pay Trinidad for overhead and profit, and the trial court correctly granted summary judgment in Florida Peninsula's favor.
Affirmed.