[DOWNLOAD] "Mierzwa V. Flordia Windstrom Underwriting Association" by In the District Court of Appeal of the State of Florida Fourth District January Term 2004 ~ Book PDF Kindle ePub Free
eBook details
- Title: Mierzwa V. Flordia Windstrom Underwriting Association
- Author : In the District Court of Appeal of the State of Florida Fourth District January Term 2004
- Release Date : January 23, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
The issue in this case concerns the extent of a wind insurer's liability after Hurricane Irene. The home owner had wind insurance with one carrier and flood insurance with another. The wind insurer's policy contained an anti-concurrent cause clause excluding coverage for any damage other than by wind. A state statute requires the wind insurer to pay the face amount of the policy if the building is a total loss. The building was in fact effectually condemned by the local authority upon its determination that the cost of repairs for the total damage exceeded half the value of the building. Nevertheless the wind insurer argues, and the trial court so held, that it is liable only for its pro rata share, not for the face amount of the policy. The court also refused to award any additional sum under an "other" coverage provision. We reverse.
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