Partner Jonah Kaplan, Esq., recently obtained full Summary Judgment in a First-Party Property matter styled Timothy and Dorothy Maxwelll v. Centauri. The matter stemmed from a homeowner’s claim for water damage from a plumbing loss. Plaintiffs were seeking in excess of $200,000. Prior to this lawsuit, Centauri issued payment in full in the amount of $10,000 to the Plaintiffs for the alleged loss based on a Limited Water Damage Coverage Endorsement. The Court found that as a matter of law, there is no ambiguity in the Policy and Plaintiffs are only owed $10,000. The Policy contained a Water Damage Exclusion Endorsement, which the Court found to exclude all of the direct and indirect damages related to the plumbing loss.  The Limited Water Damage Coverage Endorsement (CSH FL LWD 08 14) only provides for $10,000 in direct damages, but does not in any manner, affect the exclusion of the indirect damages referenced in the Water Damage Exclusion Endorsement.  The Court further found there is no coverage under the Policy for damages for tear out and replacement for any part of Plaintiffs’ home to repair the failed plumbing system by virtue of the Water Damage Exclusion Endorsement (CSH FL WDE 03 10 16). Thus, the Policy capped all of the Plaintiffs’ direct and indirect damages (including but not limited to tear out and replacement and loss of use) for their alleged claim to $10,000.  The Court found that the Plaintiffs were only entitled to recover $10,000 for direct physical damages as a result of the alleged loss pursuant to the Limited Water Damage Coverage Endorsement.  Read more