Water Intrusion and Insurers

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Landmark American Insurance Company v. Santa Rosa Beach Development Corp. I, et al,, 37 Fla. L. Weekly D2759a, Case No. 1D11-4882, opinion issued November 30, 2012. Condominium association's claim against developer and contractor for water intrusion damages caused by defective cladding based on warranty provisions of s. 718.203 was resolved by an agreement to make warranty repairs in exchange for full release of liability. When water intrusion problems continued after two hurricanes, association filed claim against developer's insurer, which was denied due to policy exclusion for faulty, inadequate or defective design, workmanship, construction or repair. When association filed suit, insurer filed a third party complaint again developer and contractor, and raised a defense that the warranty repair agreement release also release the insurer. Summary judgment against the insurer was affirmed. (from RPPTL Subcommittee).


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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