Wesley Todd News

Chipped Tile Claims Meet the “Marring” Exclusion in Ergas

In Ergas v. Universal Prop. & Cas. Co., 2013 WL 1748574 (Fla. 4th DCA April 24, 2013), the Fourth District Court of Appeal issued an important order for Florida property insurers. The court held that the “marring” exclusion barred coverage …

The “Prompt Notice” Provision and Summary Judgment

Florida District Courts of Appeal recently have been very busy with cases involving the “prompt notice” provision in property insurance policies. When an insurer proves that the insured’s notice was late, courts will apply a presumption that the delay prejudiced …