Florida/Georgia Personal Injury & Workers Compensation

...[4] The Florida Insurance Code is contained in chapters 624-632, 634-636, 641-642, 648 and 651. See § 624.01, Fla. Stat. (2005). [5] Homeowner's residential policies and commercial residential policies, such as condominium association policies, are often addressed separately in the insurance code. See, e.g. , § 627.4025, Fla....

...OLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." . . . *1291 (8) Notwithstanding the other provisions of this section or of other law, but only as to hurricane coverage as defined in s. 627.4025 for commercial lines residential coverages, an insurer may offer a deductible in an amount not exceeding 5 percent of the insured value with respect to a condominium association or cooperative association policy, or in an amount not excee...

...tatute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.'") (citation omitted). [7] It should be noted that § 627.701(8) applies "only as to hurricane coverage as defined in § 627.4025," which provides that "hurricane coverage" is "coverage for loss or damage caused by the peril of windstorm during a hurricane." See §§ 627.701(8), 627.4025(2)(a)....

...The legislature amended the statute, effective July 1, 2005, extending the mediation alternative to "commercial residential insurance policies." Included within the statutory definition for such policies is coverage provided by condominium associations for common elements. See § 627.4025, Fla....

...can occur without a hurricane.” He asserted that hurricanes and tornados are not synonymous as understood by an everyday person. The Moodys made similar arguments. They also argued the insurer used only the definition of hurricane found in section 627.4025(2)(c), Florida Statutes, and not the definitions of hurricane coverage and windstorm in sections (2)(a) and (2)(b)....

...nt for the insureds, and denied the insurer’s motion for summary judgment. Both courts found: If [the insurer] had included in its policy the definition of “hurricane” sections 2(a) and 2(b) in addition to Section 2(c) of section 627.4025, Florida Statutes, there would be no question that the policy’s hurricane definition included tornados....

...If [the insurer] had intended to include tornados in 4  its Hurricane Coverage Endorsement, it should have used language clearly stating this purpose. .... The Court finds that the fact that [the insurer] had available language such as that contained in Section 627.4025, Florida Statutes and chose not to insert that language in their policy should be construed against [the insurer] and in favor of a finding of coverage. Based on [the insurer]’s failure to include the language set [forth] in Sections 2(a) and 2(b) of Section 627.4025 in its definition of “hurricane,” the Court finds that the Hurricane Endorsement does not apply to losses caused by tornados.2 2 (2) As used in policies providing residential coverage: (a) “Hurri...

...Continuing for the time period during which the hurricane conditions exist anywhere in Florida; and 3. Ending 72 hours following the termination of the last hurricane watch or hurricane warning issued for any part of Florida by the National Hurricane Center of the National Weather Service. § 627.4025(2), Fla....

...defines the components of the system. They argue their loss must be caused “by” a hurricane and not just caused “during” a hurricane. If the insurer intended for the Hurricane Coverage Endorsement to apply to tornados, it could have included section 627.4025(2)(b), which defined “windstorm” as part of a hurricane including tornados. We have de novo review....

...Therefore, the Hurricane Coverage Endorsement unambiguously applied. The insureds argue the definition of hurricane is ambiguous by reference to the Citizens insurance policy, coupled with the insurer’s failure to include subsections (2)(a) and (2)(b) of section 627.4025, Florida Statutes, in its policy....