Legal Opinion

Homeowners Choice Property & Casualty Insurance Co. v. Maspons

District Court of Appeal of Florida

Decided January 18, 2017No. 3D14-1310PublishedCited by 22 opinions

1Opinion of the Court

SHEPHERD, Senior Judge.

This is an appeal by Homeowners Choice Property and Casualty Company from an adverse final summary judgment under a homeowners’ insurance policy. The dispositive question appears to be whether the undisputed facts of this case support the judgment of the trial court that the homeowners are entitled to indemnity under the “ensuing loss” provision of a homeowners’ insurance policy for the cost of tearing up and replacing a portion of the foundation or slab on which their home sits, necessary to reach and replace a sanitary drain line, the repair and replacement of which…

2Cases cited5 opinions

  1. Murray v. State Farm Fire and Casualty Co.California Court of Appeal · 1990
  2. State Farm Fire and Cas. Co. v. CastilloDistrict Court of Appeal of Florida · 2002
  3. EFH v. Lexington Ins. Co.District Court of Appeal of Florida · 2005
  4. Cheetham v. Southern Oak Insurance Co.District Court of Appeal of Florida · 2013
  5. Liberty Mutual Fire Insurance Co. v. MartinezDistrict Court of Appeal of Florida · 2015

3Cited by22 opinions

  1. 1 S.A.N.T., INC. v. BERKSHIRE HATHAWAYDistrict Court, W.D. Pennsylvania · 2021
  2. AR Family Investments, LLC v. Scottsdale Insurance CompanyDistrict Court, S.D. Florida · 2022
  3. Abbey Hotel Acquisition, LLC v. National Surety CorporationDistrict Court, S.D. New York · 2021
  4. Bourgier v. Hartford Casualty Insurance CompanyDistrict Court, S.D. Florida · 2021
  5. COMMODORE, INC., D/B/A GREENSTREET CAFE v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, etc.District Court of Appeal of Florida · 2022

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