– Parkway Towers Condominium Association Inc. filed a lawsuit in state court claiming their insurer should cover the damage from water intrusion on their property.
– Specialty Insurance Co. filed a notice of removal based on diversity jurisdiction, and the state court agreed to transfer the case to the United States District Court for the Southern District of Florida.
– The decision to remove the case to federal court is a common strategy to protect defendants from bias and prejudice in the state court system. 1. In Cheetham v. Southern Oak Insurance Co., the court found that the water damage exclusion did not apply because the source of the water did not originate from an external source.
2. The 4th District Court of Appeals held that the endorsement in the case excludes damage caused by water in any form, regardless of the source or cause of the loss.
3. The insurance industry should consider the right jurisdiction and language in wear and tear exclusions to handle massive claims by insureds.
4. Miami-Dade County Building officials are examining properties subject to the 40-Year Recertification in light of the Champlain Towers South collapse.
5. The insurance industry in South Florida may see an increase in insurance claims for items excluded in the wear and tear exclusions. – Parkway Towers Condominium Association, Inc. is involved in a case against Arch Specialty Insurance Company.
– Cheetham v. Southern Oak Insurance Co. is a relevant case in the context of insurance issues.
– Geovera Specialty Insurance Company and Graig Glasser are in a legal dispute as well.
“Where” and Tear? Jurisdiction and Regular Use Examined in Florida Federal Court
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