Decision on Coverage for Roof Damages Reversed


Roy Jossfolk, v. United Property & Casualty Insurance Company, 38 Fla. L. Weekly D649a, Case No. 4D12-443, filed March 20, 2013.  Summary judgment for insurer for denial of "Ordinance and Law" coverage for hurricane roof damages was reversed based on such coverage not being originally appraised, but subsequently "incurred" (Ceballa v. Citizens Property Insurance Corp., 967 So. 2d 811 (Fla. 2007) when city ordinance required replacement of entire roof where more than 25% had be replaced.
NOTE: The arbitration process does not apply to the appraisal process. Allstate Insurance Co. v. Suarez, 833 So. 2d 762 (Fla. 2002).
(RPPTL Subcomittee)

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

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