Are you being denied for not reporting a water loss in a timely fashion?
Have you ever seen a denial in Florida for long term seepage? Typical language started being added to policies in the early 2000’s and it used to read, “”This policy does not include loss caused by constant or repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture or vapor; which occurs over a period of 14 or more days, whether hidden or not. “
Well this does not apply in Florida based on legal counsel advice after this ruling was made by the
Hugh HICKS, Appellant, v. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Appellee.
Case No. 5D17–1282
Decided: February 23, 2018
Why is the recent 2018 partial summary judgment in Hicks v. American Integrity Insurance Company of Florida so important to Insureds?
Why is the 2018 partial summary judgment in Hicks vs. American Integrity Insurance Company of Florida so important when it comes to water damage claims? The language in the ruling is crucial for everyone to understand.
Many policies in Florida have language that states, “We do not insure for loss caused by constant or repeated seepage or leakage of water over a period of 14 or more days.”
If you read the case ruling by the Florida Appellate courts, there is a partial summary judgment in Hicks favor provided that for losses occurring after the first thirteen days, the burden will be on AIIC (The Insurance Carrier) to prove that a particular loss was sustained after the thirteenth day and is therefore not covered under the language of the exclusion provision.”
Here is the ink from Find Law to read more: https://caselaw.findlaw.com/fl-district-court-of-appeal/1890216.html
You will find it reads, “We therefore reverse the summary judgment entered in favor of AIIC and remand this case to the trial court to enter partial summary judgment in Hicks’s favor on the sole issue of coverage within the first thirteen days of the leak, the extent of the losses to be determined at trial. As for losses occurring after the first thirteen days, the burden will be on AIIC to prove that a particular loss was sustained after the thirteenth day and is therefore not covered under the language of the exclusion provision.
Water Damage claims based on statistic account for approximately one in every 40 home insurance claims each year. This included losses the stem from plumbing leaks, pipe leaks, pipe bursts, slab leaks, shower pan leaks, wax seal leaks and more.
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