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Florida Courts Differ on Effect of Water Damage Sublimits

A Florida homeowner claimed expenses for tearing out and accessing damaged plumbing should not be subject to the $5,000 cap because the endorsement did not limit "tear-out" expenses.

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On June 29, 2022, Florida’s Fourth District Court of Appeal issued a favorable decision for insurers, but on its face, the decision may seem to conflict with Fifth District law.

In Herrington v. Certain Underwriters at Lloyd’s London (Florida Fourth DCA June 29, 2022), the court reviewed an order granting summary judgment to an insurer. The policyholder’s home suffered damage caused by a water pipe leak, and while the insurer acknowledged coverage, it only paid the maximum under the policy’s “water damage aggregate limitation” endorsement: $5,000. The policyholder claimed that the endorsement did not limit “tear-out” expenses, and thus the expenses related to tearing out and accessing the damaged plumbing should not be subject to the $5,000 cap.

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