Hillsborough County judge finds that the statutory definition of structural damage is incorporated into a homeowners policy despite it not being expressly written into the policy.
Groelle & Salmon, P.A. continues its success in arguing that the definition of structural damage, Florida Statute 627.706 (k) (2) is incorporated into the policy regardless of whether it is actually added to the policy. Circuit Judge Paul Huey in Hillsborough County granted Summary Judgment in favor of MSA Ins. Co. on a declaratory judgment action which sought a declaration that the definition did not apply because it was not expressly written into the policy. The judge relied heavily on Gonzalez v. Liberty Mut. Fire Ins. Co., 2013 U.S. Dist. LEXIS 133179 (Fla. U.S.M.D. 2013) and Shelton v. Liberty Mutual Fire Ins. Co., 578 Fed. Appx. 841 (Fla. 11th C.A. 2014), in finding that the definition did not need to be expressly written into the policy for it to be incorporated into the policy in the absence of a contrary definition. The judge rejected the Plaintiffs arguments that there was no mutual assent between the parties and that the policy was ambiguous with respect to its coverage for structural damage. Congratulations to MSA Ins. Co. and Jonathan T. Hall, Esq.
Groelle & Salmon, P.A. will continue to bring news of significant rulings to our clients and appreciate MSA Ins. Co. and all of our clients continued confidence and relationship.