Barcelona Hotel, LLC v. Nova Casualty Co.
2011 Fla. App. LEXIS 2653
| Fla. Dist. Ct. App. | 2011Background
- This case involves Barcelona Hotel, LLC, insured by Nova, seeking coverage for property damage to a hotel caused by an excavator.
- In April 2002 a City of Miami Beach contractor operating an excavator damaged Barcelona’s hotel foundation.
- Nova denied the claim as not governed by a named peril; Barcelona sued for breach of the policy.
- The policy’s Causes of Loss—Basic Form includes a listed peril for Aircraft or Vehicles, defined as a vehicle or object thrown by a vehicle.
- The trial court granted summary judgment concluding the excavator is not a vehicle; the court also denied Barcelona’s motion for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an excavator is a vehicle under the policy | Barcelona argues excavator falls within vehicle scope via plain meaning and policy context | Nova contends excavator is not a vehicle under the policy’s terms | Excavator is a vehicle under the policy; judgment reversed and remanded |
Key Cases Cited
- Penzer v. Transp. Ins. Co., 29 So.3d 1000 (Fla. 2010) (insurance-coverage terms interpreted by plain meaning)
- Watson v. Prudential Prop. & Cas. Ins. Co., 696 So.2d 394 (Fla. 3d DCA 1997) (plain-meaning approach for undefined terms in policies)
- State Farm Fire & Cas. Co. v. Metro. Dade Cnty., 639 So.2d 63 (Fla. 3d DCA 1994) (define terms by ordinary meaning when not defined in policy)
- Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161 (Fla. 3d DCA 2003) (courts read policy as a whole; avoid narrow readings of coverage)
- Bethel v. Sec. Nat’l Ins. Co., 949 So.2d 219 (Fla. 3d DCA 2006) (insurer cannot adopt narrow interpretation when term undefined)