MAYRA SANTANA
v.
PEOPLE'S TRUST INSURANCE COMPANY
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Corrosion and rust are acts of nature or naturally occurring forces excluded from insurance coverage under standard homeowners' policies.
[1] Corrosion resulting from the chemical reaction between iron and moist air constitutes an act of nature within the meaning of policy exclusions for acts of nature, regardl…
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Join FLexlaw to unlock all legal intelligence“Corrosion, the chemical reaction between iron and moist air, is an act of nature or a naturally occurring force. Thus, the rust or corrosion occurred because of a natural act.”
Court explaining that corrosion qualifies as an act of nature under insurance policy exclusions
Mayra Santana filed a claim with People's Trust Insurance Company for property damage. The insurer denied coverage based on a policy exclusion for act…
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PER CURIAM.
Affirmed. See Dodge v. People’s Tr. Ins. Co., 321 So. 3d 831, 835 (Fla. 4th DCA 2021) (“Corrosion, the chemical reaction between iron and moist air, is an act of nature or a naturally occurring force. Thus, the rust or corrosion occurred because of a natural act.”); Rosa v. Safepoint Ins. Co.,
350 So. 3d 468, 471 (Fla. 5th DCA 2022) (“[T]he rust or other corrosion that occurred in the pipes in [appellant’s] dwelling, regardless of whether it was perhaps preventable or controllable, was a naturally occurring force and thus an act of nature. As an act of nature, the loss came within the policy exclusion for ‘any act of nature.’”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Santana v. People's Tr. Ins. Co., 321 So. 3d 831 (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See Dodge v. People’s Tr. Ins. Co., 321 So. 3d 831, 835 (Fla. 4th DCA 2021) (“Corrosion, the chemical reaction between iron and moist air, is an act of nature or a naturally occurring force. Thus, the rust or corrosion occurred because of a natural act.”); Rosa v. Safepoint Ins. Co., 350 So. 3d 468…1 / 2
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Panettieri v. People's Tr. Ins. Co., 344 So. 3d 35 (Fla. 4th DCA 2022)…PER CURIAM. Affirmed. See Dodge v. People’s Tr. Ins. Co., 321 So. 3d 831 (Fla. 4th DCA 2021). CONNER, C.J., FORST and ARTAU, JJ., concur.…
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Rosa v. Safepoint Ins. Co. (Fla. 5th DCA 2022)…as bargained for by the parties.”). The Fourth District Court of Appeal aptly applied these principles when it interpreted the phrase “act of nature” in the context of a nearly identical insurance policy. In Dodge v. People’s Trust Insurance Co., 321 So. 3d 831 (Fla. 4th DCA 2021), the insureds argued, as does Rosa here, that “act of nature” is synonymous with “act of God” and only occurs when a singular act or external force occurs, finding solace in Black’s Law Dictionary’s definition of “act of God.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Santana v. People's Tr. Ins. Co., 321 So. 3d 831 (Fla. 3d DCA 2023)