Florida Third District Court Issues Opinion Regarding Pride Clean Restoration Vs. Certain Underwriters at Lloyd's of London
An appeal from the
Before LOGUE, LINDSEY, and MILLER, JJ.
MILLER, J.
Appellant,
BACKGROUND
After she obtained an all-risk homeowner's policy from Lloyd's,
TOTAL MOLD, MILDEW OR OTHER FUNGI EXCLUSION
Notwithstanding any provision to the contrary within the policy of which this endorsement forms a part, or within any other endorsement which forms a party of this policy, we do not insure for:
a. loss caused by mold, mildew, fungus, spores or other microorganism of any type, nature, or description including but not limited to any substance whose presence poses an actual or potential threat to human health; or
b. the cost or expense of monitoring, testing, removal, encapsulation, abatement, treatment or handling of mold, mildew, fungus, spores or other microorganism as referred to in a) above.
Pride filed a breach of contract lawsuit in the circuit court. After conducting discovery, the parties filed competing summary judgment motions. Lloyd's contended the mold exclusion precluded coverage, while Pride asserted the mold was precipitated by a storm-created opening in the home. Thus, the claim was subject to coverage. The trial court granted final summary judgment in favor of Lloyd's, and the instant appeal ensued.
STANDARD OF REVIEW
We review an order granting summary judgment de novo. See Arguelles v. Citizens Prop. Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019). Similarly, the interpretation of an insurance contract presents a pure legal issue subject to de novo review. Id.
ANALYSIS
Several guiding principles inform our analysis. It is axiomatic that "[w]here the language in an insurance contract is plain and unambiguous, a court must interpret the policy in accordance with the plain meaning so as to give effect to the policy as written." Wash. Nat. Ins. Corp. v. Ruderman, 117 So. 3d 943, 948 (Fla. 2013). "Further, in order for an exclusion or limitation in a policy to be enforceable, the insurer must clearly and unambiguously draft a policy provision to achieve that result." Geico Gen. Ins. Co. v. Virtual Imaging Servs., Inc., 141 So. 3d 147, 157 (Fla. 2013). Finally, "when analyzing an insurance contract, it is necessary to examine the contract in its context and as a whole, and to avoid simply concentrating on certain limited provisions to the exclusion of the totality of others."
In the instant case, the policy insures against the risk of direct loss, but "only if that loss is a physical loss to property." The endorsement contains, however, two separate and distinct exclusions. First, the policy does not cover those losses "[c]aused by . . . mold, wet or dry rot." Second, the policy does not insure against "the cost or expense of monitoring, testing, removal, encapsulation, abatement, treatment or handling of mold, mildew, fungus, spores or other microorganism[s]."
Pride does not dispute that the services it rendered involved the treatment or handling of mold. Instead, it relies upon the seminal
Although the instant policy insures against direct physical loss to property, it excludes those losses caused by mold. If the policy went no further, under Sebo, these competing provisions would arguably present a factual issue regarding whether the two perils converged so as to constitute a concurrent cause. The policy, however, provides a further blanket exclusion for "the cost or expense of monitoring, testing, removal, encapsulation, abatement, treatment or handling of mold." This particular provision is not contingent on causation. Instead, it serves to bar all costs or expenses associated with mold remediation.
"While we are keenly aware of the long standing and well known rule that where interpretation is required by ambiguity in insurance contracts the insured will be favored," in this case, the policy is clear. Griffin v.
Affirmed.
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