Common exclusions cited
- Gradual seepage / long-term leak
- Wear and tear / maintenance
- Pre-existing damage
- Flood (excluded under most HO-3)
- Earth movement
- Neglect
- Intentional acts
How exclusions are interpreted
Florida rules:
- Narrowly construed
- Ambiguity resolved for insured
- Proximate cause analysis
- Specific language controls
Challenging an exclusion
Precise language analysis
- What does the exclusion actually say?
- What facts does the carrier cite?
- Do the facts actually fit the exclusion?
Carve-outs within exclusions
- Most exclusions have carve-outs
- "We do not cover X, except when..."
- Read the full provision
Proximate cause
- Multiple causes; which is primary?
- Efficient proximate cause in Florida
- Concurrent causation considerations
Ensuing loss
- Damage resulting from excluded cause
- Ensuing damage typically covered
- Florida ensuing-loss doctrine