BLUE STAR RESTORATION
v.
CITIZENS PROPERTY INS. CORP.
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An interior rain damage exclusion in a homeowners insurance policy presents a genuine issue of material fact precluding summary judgment when expert testimony suggests the damage may not fall within the exclusion's scope.
[1] Expert testimony regarding the cause and nature of water damage can create a genuine issue of material fact as to whether an interior rain damage exclusion applies, precl…
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Join FLexlaw to unlock all legal intelligence“Our review of the record discloses genuine issues of material fact regarding whether the interior rain damage exclusion in the homeowners insurance policy precludes coverage for water-damage repairs involved in this case based on the deposition testimony of Blue Star's expert, Rafael Leyva.”
Court's explanation for reversal of summary judgment
Blue Star Restoration, as assignee of Rodolfo Berroa's homeowners insurance policy, sought coverage for water-damage repairs under the policy. Citizen…
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PER CURIAM.
Blue Star Restoration Inc., as assignee of Rodolfo Berroa’s homeowners insurance policy, appeals the trial court’s order granting Citizens Property Insurance Corporation’s Motion for Summary Judgment and entering final summary judgment in Citizens’ favor and the trial court’s order denying Blue Star’s Motion for Rehearing/Reconsideration.
“Our standard of review of an order granting summary judgment is de novo.” White v. Ferco Motors Corp., 260 So. 3d 388 (Fla. 3d DCA 2018). “We review the record to determine whether there are genuine issues of material fact that preclude summary judgment.” Id. (citing Collections, USA, Inc. v. City of Homestead, 816 So. 2d 1225, 1227 (Fla. 3d DCA 2002)). Our review of the record discloses genuine issues of material fact regarding whether the interior rain damage exclusion in the homeowners insurance policy precludes coverage for water-damage repairs involved in this case based on the deposition testimony of Blue Star’s expert, Rafael Leyva. Accordingly, we reverse and remand for further proceedings consistent herewith.
Reversed and Remanded.
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Authorities Cited
- Collections v. The City OF Homestead, 816 So. 2d 1225 (Fla. 3d DCA 2002)
- White v. Ferco Motors Corp., 260 So. 3d 388 (Fla. 3d DCA 2018)