The Florida Supreme Court recently denied review of an appellate decision interpreting a policy’s “ensuing loss” exception to require a separate loss, entirely independent from the original excluded loss.
This decision creates a challenge for Florida policyholders, particularly in the construction defect realm. Where an excluded loss is present, policyholders must carefully evaluate their coverage. If the excluded loss cannot be separated from the subsequent, covered loss, the entire damage may be excluded under Florida law.
Oct 10, 2016