STATE FARM FIRE AND CASUALTY COMPANY AND STATE FARM GENERAL INSURANCE COMPANY, APPELLANTS,
v.
RICHARD M. GOLDSTEIN AND MARIA GOLDSTEIN, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed a lower court's decision, finding that the insurance policy did not cover windstorm damage to trees and shrubbery. The policy explicitly listed covered perils for trees and shrubs, and windstorm was not among them.
No, the policy did not provide coverage for windstorm damage to trees and shrubbery. The specific provision for trees and shrubs listed covered perils, and windstorm was not included.
[1] A homeowner's insurance policy's windstorm coverage does not extend to trees and shrubbery if the policy explicitly excludes such items from windstorm protection.
[2] Coverage for trees and shrubbery in a homeowner's policy may be limited to specific perils, excluding damage caused by windstorms.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the windstorm coverage of the State Farm homeowner’s policy in question clearly did not protect trees and shrubbery, and the only protection for trees and shrubbery clearly did not include damage from windstorm, it follows, as a matter of pure logic, that the trial court erred in holding that there was coverage for damage to the appellees’ trees and shrubbery caused by the ultimate windstorm, Hurricane Andrew.”
This quote summarizes the court's main reasoning for reversing the lower court's decision.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellees suffered damage to their trees and shrubbery from Hurricane Andrew. They filed a claim with State Farm, which was denied. The trial cour…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Exclusionary Clauses In Insurance cases and more on FLexlaw
SCHWARTZ, Chief Judge.
Because the windstorm coverage of the State Farm homeowner’s policy in question clearly did not protect trees and shrubbery,1 and the only protection for trees and shrubbery clearly did not include damage from windstorm,2 it follows, as a matter of pure logic, that the trial court erred in holding that there was coverage for damage to the appellees’ trees and shrubbery caused by the ultimate windstorm, Hurricane Andrew.
Accordingly, the cause is reversed and remanded for further proceedings consistent herewith.
SCHWARTZ, C.J., and BARKDULL and LEVY, JJ., concur. . COVERAGE A — DWELLING
1. We cover:
a. the dwelling used principally as a private residence on the residence premises shown in the Declarations. This includes structures attached to the dwelling;
b. materials and supplies located on or adjacent to the residence premises for use in the construction, alteration or repair of the dwelling or other structures on the residence premises;
c. wall-to-wall carpeting attached to the dwelling on the residence premises; and d. outdoor antennas.
2. Dwelling Extension. We cover other structures on the residence premises, separated from the dwelling by clear space. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered to be other structures, [e.s.]
. 3. Trees, Shrubs and Other Plants. We cover outdoor trees, shrubs, plants or lawns, on the residence premises, for loss caused by the following: Fire or lightning, Explosion, Riot or civil commotion, Aircraft, Vehicles not owned or operated by a resident of the residence premises, Vandalism or Malicious Mischief or Theft. The limit for this coverage, including the removal of debris, shall not exceed 5% of the limit applying to the dwelling. We will not pay more than $500 for any one outdoor tree, shrub or plant, including debris removal expense. This coverage may increase the limit otherwise applicable. We do not cover property grown for business purposes, [e.s.]