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Supreme Court Decision Could Reopen Claims


The Florida Supreme Court recently ruled in favor of policyholders seeking coverage on claims where there may be a possibility of multiple concurrent losses but at least one of the losses is covered under their policy. The case involved a homeowner who filed suit against his insurer for denying him coverage on his policy which allegedly included “all risks”.

The homeowner stated that shortly after purchasing his home, major water leaks began to happen during rain storms, later revealed to be caused by major design and construction defects. When Hurricane Wilma hit Florida in 2005, the home suffered more damage and the homeowner notified his insurer regarding the water intrusion and additional damages. The insurer did its investigation and ended up denying coverage for the majority of the claimed losses.

The Florida Supreme Court’s decision could potentially lead to a reopening of insurance claims where coverage was ultimately denied due to an exclusion. It may also result in a greater number of homeowner claims should another hurricane or windstorm occur.

If you have questions about your insurance or are considering a dispute, make sure to speak with a lawyer to help you determine the best steps to take.

This information is provided by Miami insurance attorney Alonso, Perez & Santos, LLP.  Our areas of practice include bankruptcy, insurance litigation, debt harassment, credit card defense, foreclosure defense, immigration law, condominium law, business start-ups, and more.  Call 305-676-7545 to speak with one of our attorneys and receive a free consultation We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.