Jury's Verdict for Loss Caused by Collapse Overturned

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The insured homeowners had two claims: a 2016 ceiling collapse and a loss caused by Hurricane Irma in 2019.

September 18, 2023
Tred R. Eyerly - Insurance Law Hawaii

The Florida Court of Appeal overturned the jury's verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023).

The insured homeowners had two claims. One was a 2016 ceiling collapse; the second was loss caused by Hurricane Irma in 2019. The homeowners' policy covered collapse defined as "an abrupt falling down or caving in of a building or any part of a building with the result that the building . . . cannot be occupied for its intended purpose." Collapse had to be caused by, among other things, decay or insect damage that was hidden from view.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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