Archive by Month: April 2013

Summer Newsletter

Posted in Newsletters - 2013 on April 1, 2013

In Ergas v. Universal Property and Casualty Ins. Co., 38 Fla. L. Weekly D900 (Fla. 4th DCA, April 24, 2013), the Fourth District Court of Appeal addressed the issue of whether a homeowner’s property insurance policy exclusion for “wear and tear, marring, deterioration” excluded coverage for the insureds’ claim for damage to their tile floor caused when an insured dropped a hammer on the floor, causing it to chip. The insureds argued that the term “marring” was ambiguous because it was not defined in the policy and that, in the context of the exclusion, the term contemplated damage gradually occurring over time. In response, Universal argued that none of the terms in the exclusion required interpretation by reference to the others. The appellate court affirmed summary judgment in favor of the carrier, finding that the exclusion for “marring” applied to exclude coverage for the insureds’ claim.


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