PROJEKT PROPERTY RESTORATION, INC., A/A/O DANIEL LUNA
v.
GEOVERA SPECIALTY INSURANCE COMPANY

Fla. 3d DCA | 2022-02-02
No. 21-0079
Florida District Court of Appeal, Third District (2022)

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Holding

An insurance policy must be interpreted according to its plain language unless a genuine inconsistency, uncertainty, or ambiguity remains after applying ordinary construction rules.


Headnotes

[1] A policy is not ambiguous merely because it is complex or requires analysis to understand.

[2] Where an endorsement is inconsistent with the body of an insurance policy, the endorsement controls.

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Key Quotes

“insurance contracts are interpreted according to the plain language of the policy except 'when a genuine inconsistency, uncertainty, or ambiguity in meaning remains after resort to the ordinary rules of construction.'”

Court citing Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 913 So. 2d 528, 532 (Fla. 2005) for the standard rule of insurance contract interpretation

Facts & Procedural History

Projekt Property Restoration, Inc., acting on behalf of Daniel Luna, sought coverage under a GeoVera Specialty Insurance Company policy. The insurance…

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Opinion of the Court

PER CURIAM.

Affirmed. See Taurus Holdings, Inc. v. U. S. Fid. & Guar. Co., 913 So. 2d 528, 532 (Fla. 2005) (“[I]nsurance contracts are interpreted according to the plain language of the policy except ‘when a genuine inconsistency, uncertainty, or ambiguity in meaning remains after resort to the ordinary rules of construction.’” (quoting State Farm Mut. Auto. Ins. Co. v. Pridgen, 498 So. 2d 1245, 1248 (Fla. 1986))); Hagen v. Aetna Cas. & Sur. Co., 675 So. 2d 963, 965 (Fla. 5th DCA 1996) (“[I]f a policy . . . is clear and unambiguous, it should be enforced according to its terms.”); Garcia v. Fed. Ins. Co., 969 So. 2d 288, 291 (Fla. 2007) (“A [policy] is not ambiguous simply because it is complex or requires analysis.”); Allstate Fire & Cas. Ins. Co. v. Hradecky, 208 So. 3d 184, 187 (Fla. 3d DCA 2016) (“[T]o the extent an endorsement is inconsistent with the body of the policy, the endorsement controls.”).


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