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judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
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Commercial Property (8)
Content Type
Lit Watch (8)
A commercial property policyholder had not complied with all of the policy conditions before the property was damaged in a fire.
The judges acknowledged the policyholder had had a string of bad luck, but even the worst of luck cannot overcome policy conditions.
The court was faced with the question of whether two robberies carried out by two seemingly different groups constituted a single occurrence or multiple occurrences.
Coverage for a fire loss was conditioned on the presence of certain fire protection systems "in complete working order."
"More evidence now available to the public shows insurers did not actually believe the central theme to the sermon they've preached when defending pandemic-related business interruption claims," said Gotwald and Levine.
Amy's had a comprehensive property policy that included an extension to cover the costs of loss avoidance and mitigation when the costs were incurred to combat a communicable disease.
A policy open to more than one reasonable interpretation is, by definition, ambiguous, and ambiguity is resolved in favor of coverage under well-settled insurance principles.
Huntington Ingalls, according to the Supreme Court of Vermont, suffered "direct physical damage" because employees infected with COVID had been physically present at the facilities and unintentionally spread the virus to employees who were not ill.