Legal Opinion

Ergas v. Universal Property & Casualty Insurance Co.

District Court of Appeal of Florida

Decided April 24, 2013No. 4D11-3803PublishedCited by 9 opinions

1Opinion of the CourtWarner, J.

The insured dropped a hammer on his tile floor, causing it to chip. He filed a claim for the damage with his homeowner’s insurance company which denied coverage, because it claimed that the damage constituted “marring” which was excluded from coverage. After the homeowner filed suit, the trial court entered summary judgment, agreeing with the insurance company that the damage was not covered by the policy. We affirm, because marring is not covered under the policy, and the damage to the tile floor constitutes marring.

Benjamin and Beth Ergas were insured under a homeowner’s insurance policy…

2Cases cited12 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Auto-Owners Ins. Co. v. AndersonSupreme Court of Florida · 2000
  3. Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
  4. Deni Associates of Florida, Inc. v. State Farm Fire & Cas. Ins. Co.Supreme Court of Florida · 1998
  5. State Farm Fire & Cas. v. CTC DEVELOPMENTSupreme Court of Florida · 1998

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Altman Contractors, Inc. v. Crum & Forster Specialty Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2016
  2. Gamero v. Foremost Insurance Co.District Court of Appeal of Florida · 2017
  3. Jinete v. American Integrity Insurance Co. of FloridaDistrict Court of Appeal of Florida · 2016
  4. Nunez v. Citizens Property Insurance Corp.District Court of Appeal of Florida · 2013
  5. Otero v. Citizens Property Insurance Corp.District Court of Appeal of Florida · 2014

4 more not listed; retrieve them via the Exa API.

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