Florida Supreme Court Reverses Concurrent Clause Property Damage Case
Date Published: 12-01-2016
In an opinion on John Robert Sebo, et al. v. American Home Assurance Company, Inc. published today, December 1, 2016, the Florida Supreme Court quashed an earlier decision in the case on the ground that it expressly and directly conflicts with the Third District Court of Appeal's 1988 decision in Wallach v. Rosenberg.
To access today's entire Florida Supreme Court opinion, click here.
Mr. Sebo, the Plaintiff, purchased a Naples, Florida home in April 2005 and insured it for $800,000. Thereafter, it became clear that the house suffered from major design and construction defects that lead to water damage and the demolition of the home. Mr. Sebo alleged that the home had been negligently designed and constructed, and that the sellers had fraudulently failed to disclose the defects.
The issue ultimately presented to the Florida Supreme Court was whether coverage existed under his all-risk policy when multiple perils combined to create a loss and at least one of the perils is excluded by the terms of the policy.
To read news coverage of this case in today's Daily Business Review, click here.
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