In a recent Florida Fifth District Court of Appeal (“Fifth DCA”) decision, HIGGS LAW, P.A. prevailed against American Integrity Insurance Company when the appellate court reversed the lower court’s summary judgment ruling. The Fifth DCA decided in favor of HIGGS LAW P.A.’s clients and held that the trial court erred in entering summary judgment because material issues of fact remained.
Larry and Sherri Whitely, own a vacation home in The Villages, Sumter County, Florida. When a neighbor went to check on their property—as she did periodically while the Whitelys were away—she noticed water pouring from the faucet of both bath room sinks as well as damage to the walls, floor and other areas of the home. When the insurance company advised the Whitelys the insurance policy excluded damage caused by water that had been in the home for 14 or more days, the Whitelys sued to cover repairs for the extensive water and mold damage.
On appeal, HIGGS LAW, P.A. did not dispute that the Whitelys’ home was exposed to water for 14 or more days; however, HIGGS LAW, P.A. argued that the exclusionary provision was ambiguous because it did not clearly indicate if damage that occurred during days 1 through 13 was covered. Because the insurance company failed to establish that the loss did not occur within the first fourteen days, as HIGGS LAW, P.A. argued, the Fifth DCA held that such a determination was indeed an issue of material fact that precluded summary judgment.
To read the entire opinion, click the following link: https://edca.5dca.org/eOrder.aspx?id=59426-159438-1309740-98573.
If you have problems with your insurance company denying your claim, or if you receive a decision from a lower court that you believe is incorrect, contact HIGGS LAW, P.A. for FREE evaluation of your case.