12 Fla. L. Weekly Supp. 654c
NOT FINAL VERSION OF OPINION
Subsequent Changes at 12 Fla. L. Weekly Supp. 853a
Insurance — Homeowners — Condominiums — Claim for water loss/damage to condominium unit’s bathroom walls, cabinets and fixtures is excluded under homeowners policy where policy provides that it will cover property pertaining to premises which are homeowner’s responsibility as expressed or implied under governing rules of condominium, and declaration of covenants provides that condominium association’s hazard insurance covers repairs to walls, cabinets and fixtures within bathroom of unit
ALLSTATE FLORIDIAN INSURANCE COMPANY, Plaintiff, vs. ROBERT COOKLIN, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 02-1449 (09). April 19, 2005. Robert Lance Andrews, Judge.
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion for Final Summary Judgment, and Defendant’s Motion for Partial Summary Judgment, and the Court having considered same, having heard argument of counsel, and being otherwise duly advised in premises, finds and decides as follows:
This is a first-party insurance claim/action between Robert Cooklin and Allstate Floridian. The action arises from a claim of loss for water damage/loss to the premises located at 9727 NW 37th Street, Sunrise, Florida, submitted by Robert Cooklin to Allstate Floridian. Allstate Floridian denied the coverage for the claim. On or about January 22, 2002, Allstate Floridian filed a Petition to Disqualify Appraiser, which was granted by this Court on June 27, 2002. Thereafter, on November 6, 2002, Robert Cooklin filed a Petition to Appoint Neutral Umpire, which was denied by this Court on December 20, 2002. Subsequently, Robert Cooklin filed a Counter-Petition for Declaratory Relief. Allstate Floridian has asserted a Counterclaim for Declaratory Relief.
Allstate Floridian now moves for summary judgment, arguing that there is no genuine issue of material fact that the April 2001 water loss was excluded under the policy for insurance. Robert Cooklin also moves for partial summary judgment, arguing that there is no genuine issue of fact that at the time of the loss, Robert Cooklin had an insurable interest in the property.
Allstate Floridian argues that Robert Cooklin’s claim for water damage/loss is excluded from the policy of insurance because it is undisputed that pursuant to the governing documents for the property (i.e. Declaration of Covenants and Restrictions) repairs to the areas claimed damaged were not Robert Cooklin’s insurance responsibility but were the insurance responsibility of the Condominium Association.
The Declaration of Covenants for the subject premises provides in pertinent part:
B. COVERAGE
1) CASUALTY. All UNITS and all improvements upon the SUBJECT PROPERTY and all personal property of the ASSOCIATION are to be insured in an amount equal to one hundred (100%) percent of the then current replacement cost, excluding foundation and excavation costs and other items normally excluded from coverage, as determined annually by the Association.
(iii) The hazard insurance policy shall cover, among other things, all of the UNITS including, but not limited to, walls, doors, stairways, kitchen cabinets and fixtures, built-in kitchen appliances, electrical fixtures, and bathroom cabinets and fixtures . . . .
The policy of insurance at issue in this matter provides in pertinent part:
Property We Cover Under Coverage A
We will cover items of real property pertaining directly to your residence premises which are your insurance responsibility as expressed or implied under the governing rules of the condominium. This includes fixtures, construction material and supplies, installation or additions comprising a part of the residence premises . . . .
The foregoing pertinent, uncontroverted evidence establishes that the Condominium Association’s hazard insurance covers repairs to the walls, cabinets and fixtures within the subject bathroom of the Unit, and pursuant to the language of the insurance policy at issue, were not Robert Cooklin’s insurance responsibility. As such, there is no genuine issue of fact that the water loss/damage claim is excluded under the policy, and Allstate Floridian is entitled to judgment as a matter of law. Since this Court finds that the claim was excluded under the insurance policy, we need not reach the issue of Robert Cooklin’s insurable interest in the subject premises.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Allstate Floridian Insurance Company’s Motion for Summary Judgment is GRANTED.
It is further ORDERED AND ADJUDGED that Robert Cooklin’s Motion for Partial Summary Judgment is DENIED.
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