Jacksonville Associate Jordan Bryant successfully argued and obtained an order granting a Motion for Partial Summary Judgment in a first party property case involving cast iron pipe claims.
Ms. Bryant’s Motion requested the Court to set a $10,000.00 coverage limitation on cast iron pipe claims for her carrier client’s policies with a Water Damage Exclusion Endorsement and Limited Water Damage Coverage. In order to succeed, Ms. Bryant had to distinguish a recent 5th DCA holding that the same policy language is ambiguous and does not limit the cost of tearing out and replacing the entire plumbing system when water damage is found in a home. Ms. Bryant argued that the recent 5th DCA ruling was not binding precedent as the holding was based on a fact stipulated to by the attorney of record that was not being stipulated to in the case at hand. Ms. Bryant requested the court to interpret the policy language as unambiguous, and to hold that a plain-meaning interpretation of the policy provisions expressly excludes the cost of tear-out, thus, limiting the available water damage coverage to $10,000.00. The judge agreed with Ms. Bryant’s arguments and issued his Memorandum granting the Motion for Partial Summary Judgment.
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