Florida Court Finds That Hurricane Insurance Company Did Not Act in Bad Faith in Outdoor Grounds Policy Endorsement
Florida Court Finds That Hurricane Insurance Company Did Not Act in Bad Faith in Outdoor Grounds Policy Endorsement Aug 4, 2019 On July 15, a Florida Federal District Court made an important insurance bad faith litigation decision that involved a hurricane insurance claim. The court ultimately found that the insurance company must provide coverage to a limited number of locations when it comes to an outdoor grounds policy endorsement for a country club. The dispute involves damage caused by Hurricane Irma. The Case & Decision Grey Oaks Country Club filed a claim with its insurance company – Zurich Insurance Group Ltd – seeking compensation to cover damages from Hurricane Irma at 19 of its property locations. Zurich responded that it was only liable to cover one property/location (or “premises”). In response, the plaintiff country club argued that insurance company breached its coverage obligations under the commercial insurance policy and acted in bad faith by providing only partial payment and instead used the money to negotiate a lower settlement. In all contract cases, interpreting an insurance contract is a question of law, and therefore must be decided by the court (and not a jury). Florida law dictates that if the “terms” of the contract are “clear” and “unambiguous,” the court must interpret that contract in accordance with its plain meaning. Only when there is ambiguity is it appropriate for the court to resort to outside evidence, where ambiguity is measured by whether the language is susceptible to more than one reasonable interpretation (not just because a contract fails to define a term). Ultimately the court sided with Zurich because the policy did not define “premises,” therefore the court had to look to the unambiguous, general meaning via the actual addresses provided in the Declarations for Commercial Property Coverage, which included two addresses total. The Court pointed out that the club asking the court to designate each of the 19 locations as separate premises for the purposes of the Outdoor Grounds Coverage was not in keeping with the premises referred to in the Declarations for Commercial Property. The mailing address listed on the policy is what the court based its decision on and not the Schedule of Forms and Endorsements – which included the Schedule of 19 Locations – that was included. Contact Our Florida Insurance Litigation Attorneys Cases like this illustrate just how important it is to work with an attorney when it comes to not only interpreting your insurance contract, but in ensuring that, from the outset, any terms you agree to are favorable to you and what you expect. Our Tampa insurance litigation attorneys have significant experience in breach of contract claims, commercial litigation, insurance claims, insurance bad faith/litigation, and hurricane insurance claim denials, with offices in Tampa, Sarasota, Bradenton, Orlando, and Fort Myers, we are prepared to meet your legal needs. Contact us today at HD Law Partners to find out more. Resource: ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2018-00639-55-2-cv Posted in Insurance Litigation | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us