Florida Rules Against Insurer in Concurrent Loss Case
Florida’s Supreme Court ruled in favor of policyholders seeking coverage on claims where there is the possibility of multiple concurrent losses but with at least one of the losses covered under their policy.
On December 1st the case of American Home Assurance Co. v. Sebo, 141 So. 3d 195 (Fla. 2d DCA 2013) was underway. In this case homeowner, John Robert Sebo, sought a review of the decision from the Second District Court of Appeals that ruled in favor of the insurer, American Home Assurance Co., Inc., which denied coverage on his $8 million “all risks” homeowners policy.
The Florida Supreme Court stated that it is undisputed that Sebo’s all-risk policy included exclusions against faulty, inadequate or defective planning, including for design, materials, and maintenance, as well as the fact that the rainwater and hurricane winds combined with the defective construction to cause the damage to Sebo’s property.