A building’s foundation system is an integral component of any building. Accordingly, declaring a foundation system part of the “land” and not part of the building in order to deny coverage is misconstruing and misapplying both Florida Statute No.627.706 and related insurance policy provisions. In many or all property liability insurance contexts, (e.g., fire, windstorm, water, etc.), a property’s infrastructure, internal, and its external components are examined to determine the full extent of damage or loss. There is no valid reason for treating sinkhole damaged property any differently.
Nationwide Mutual Insurance Company vs. Chillura
Year
2004
Court
Florida 2nd District Court of Appeal
Case Number
2D04-4906
Issue
- Property insurance--foundation integral part of building.
State
- Florida