CSK Appellate Team
Tampa Partner Mark Tinker
Tampa Associate Brandon Tyler
Case Summary
The CSK Appellate Team’s approach was to establish that the insurance policy did not extend coverage for “tear out” costs related to a water loss. This case stands out for its highly unusual outcome: the Fifth District Court of Appeal reversed a $700,000 judgment against the client insurance company despite the same court, as well as two other district courts of appeal, having ruled against this same company and same policy language three separate times.
Appellate Strategy
The difference this time was the strategy: prior firms arguing the issue entered into a stipulation with the hope of limiting the tear out coverage, while CSK’s Appellate Team rejected the stipulation and argued there was no coverage at all.
Decision
The Fifth District Court of Appeal agreed with the lack-of-coverage argument, reversed the trial court’s judgment, and ordered final judgment for the Defendant company. The decision not only eliminated the Plaintiff’s damages and attorneys’ fee claim, it also removed the threat of a bad faith lawsuit.
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