Liberty Mutual Fire Insurance Co. v. Martinez

Liberty Mutual Fire Insurance Company (“Liberty”) appeals a final summary judgment entered in favor of its insureds, Nigel and Melissa Martinez. We reverse.

The facts of this case are undisputed. Liberty issued an all-risk insurance policy to the Martinezes insuring, inter alia, their residence and other structures located on their property. During a tropical storm, Nigel Martinez partially emptied his family’s in-ground swimming pool because it was overflowing. The following day, he discovered that the pool had lifted out of the ground. As would be later agreed upon by experts, subsurface…