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On June 2, the Court of Appeals of the Fourth District ruled in Dodge v. People's Trust Insurance, 46 Fl. L. Weekly D1286 (Florida 4th DCA, June 2, 2021), concerning coverage related to cast iron pipeline failure Breach of contract.
On June 2, the Court of Appeals of the Fourth District ruled in Dodge v. People's Trust Insurance, 46 Fl. L. Weekly D1286 (Florida 4th DCA, June 2, 2021), concerning coverage related to cast iron pipeline failure Breach of contract. This case was appealed due to a summary judgment order of the Circuit Court limiting People's Trust Insurance (People's Trust) flood liability under the homeowners' insurance policies of both parties to US$10,000. Specifically, the appellant challenged the Circuit Court’s decision to limit the insurance compensation limit to US$10,000 each time.
This case involved a first-party breach of contract insurance contract claim. The insured Gene and Kathleen Dodge tried to claim compensation for contract losses due to water damage caused by overflow in the pipeline system under their People's Trust homeowner insurance policy. Both parties agreed that the loss of the Dodgers was caused by the deterioration of the cast iron pipes under the house due to "rust or other corrosion". People's Trust accepted loss coverage with a policy limit of $10,000. The court of first instance approved People's Trust's motion for summary judgment on breach of contract claims that exceeded the policy limit.
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