114 So. 3d 286
Fla. Dist. Ct. App.2013Background
- Insured dropped hammer on tile, chipping it; claim denied as marring excluded from coverage.
- Policy was all-risk, with explicit exclusion for wear and tear, marring, deterioration.
- Ergas filed suit; Universal moved for summary judgment and prevailed; trial court granted summary judgment.
- Ergas argued marring ambiguous and Ejusdem Generis should interpret marring in context; Universal argued plain, unambiguous definition.
- Court held damage was marring and excluded; all-risk policy does not cover marring; definitions are read in light of policy language.
- Court cites standard for contract interpretation and applicable Florida precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the hammer-caused tile damage marring under the exclusion? | Ergas: marring is ambiguous and may not cover sudden damage. | Universal: marring is broad, included in exclusion; not ambiguous. | Yes, damage constitutes marring and is excluded. |
| Is the term marring ambiguous in the all-risk policy context and subject to ejusdem generis? | Ergas: ambiguity; context suggests gradual wear over time. | Universal: no ambiguity; terms are distinct; no ejusdem generis apply. | No applicable ambiguity; ejusdem generis does not apply; term read with plain language. |
Key Cases Cited
- Auto-Owners Ins. Co. v. Anderson, 756 So.2d 29 (Fla.2000) (construction of insurance contracts; plain language governs; ambiguous if two reasonable interpretations)
- Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161 (Fla.2003) (ambiguous coverage provisions construed strictly against insurer)
- Prudential Prop. & Cas. Ins. Co. v. Swindal, 622 So.2d 467 (Fla.1993) (policy language; ambiguity rules; plain language standard)
- Fayad v. Clarendon National Insurance Co., 899 So.2d 1082 (Fla.2005) (all-risk policy covers fortuitous losses but excludes listed perils; interpretation of exclusions)
- Keen v. Fla. Sheriffs’ Self-Insurance Fund, 962 So.2d 1021 (Fla.4th DCA 2007) (read policy terms in light of ordinary meaning; everyday understanding)
- Mason v. Fla. Sheriffs’ Self-Insurance Fund, 699 So.2d 268 (Fla.5th DCA 1997) (ordinary meaning of policy terms; man on the street interpretation)
- Gen. Star Indem. Co. v. W. Fla. Village Inn, Inc., 874 So.2d 26 (Fla.2d DCA 2004) (ambiguity and construction principles for exclusions)