Nationwide Mutual Insurance Company vs. Chillura

Year: 2004
Court: Florida 2nd District Court of Appeal
Case Number: 2D04-4906

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.

UP’s brief was prepared pro bono by Harold B. Klite Truppman, Esq. and Eli L. Samet, Esq.

 


The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/nationwide-mutual-insurance-company-vs-chillura/
Date: April 26, 2024