Exclusion Wording Not Clear, Florida Appeals Court Says in Air Quality Case, Insurance Journal
Exclusion Wording Not Clear, Florida Appeals Court Says in Air Quality Case, Insurance Journal
Allan Rotlewicz spoke with Insurance Journal about the recent decision by the First District Court of Appeal in Air Quality Assessors Inc. vs. Southern-Owners in an article published on November 1, 2022.
“The Southern-Owners case looked at Statute 627.7153, which specifies that it “applies to a policy issued or renewed on or after July 1, 2019,” explained Allan Rotlewicz, a partner in Tampa office of RumbergerKirk.
While the policy plainly excludes water damage caused by flood, surface water, waves, tidal water, or overflow of a body of water, the policy does not plainly exclude water damage caused by rain,” said the court in its opinion. The decision, written by Judge Ross Bilbrey, also said the lower court would have to decide a key point – whether the insurance policy was still in effect after the law was enacted.