Malik Law Defeats 14 Day Exclusion

Our clients sustained a devastating water loss in their home in the Villages. The house had been extensively damaged by water and mold as a result of a water loss from their bathroom. They filed a claim with their insurance who summarily denied it based on the 14 water damage exclusion. The exclusion effectively states that the insurance company is not responsible for providing coverage if the water damage had been occurring over a period of 14 days or more.

Our position was that any damage that occurred to the property during days 1 through 14 of the loss should be covered and the insured company failed to establish what damage was caused after day 14. The trial court granted Defendant’s Motion For Summary Judgment but the 5th District Court of Appeal reversed the ruling and agreed with our position. This is a great ruling for insureds throughout the State of Florida. If anyone has had their insurance claim denied on this basis, please give us a call to discuss.

Click here to view the appellate document.