Congratulations to Homeowners Choice Property & Casualty Insurance Company in obtaining an Order of Final Summary Judgment in a lawsuit filed by Cohen Battisti on behalf of Start to Finish Restoration, LLC, A/A/O of Herbert Williams in Manatee County Circuit Court, which involved a denied claim for water damage based upon the policy exclusion for constant or repeated seepage or leakage. James Goodnow of Groelle & Salmon’s Tampa office argued that since the insured’s claim for damages was denied, no right to payment of benefits under the policy of insurance ever accrued for the insured to assign to the AOB vendor. As a result, no breach of contract ever occurred based upon Homeowners Choice’s alleged failure to issue payment for the Plaintiff’s invoices, nor did the Plaintiff have standing to sue Homeowners Choice for payment of insurance benefits as the insured’s claim for damages was denied. The Court found that no genuine issues of fact were in dispute and that Homeowners Choice was entitled to Final Summary Judgment as a matter of law.
–James C. Goodnow, Esq.