More Than 15 Years of Experience
Many times, individual homeowners, developers, builders, contractors, subcontractors, condo associations and neighborhoods associations are surprised when the insurance company they paid premiums to denies them coverage for a construction defect claim. This is an understandably frustrating scenario. Fortunately, an attorney experienced in construction defect claims and insurance coverage disputes can represent you through negotiations, mediation or litigation in order to seek fair coverage.
Orlando Construction Litigation Attorneys
At Ver Ploeg & Lumpkin, P.A., we have helped insurance policyholders resolve disputes with insurance companies for more than 15 years. We have extensive experience and knowledge of Florida laws when it comes to construction defect claims and liability insurance claims. Let us help you seek the coverage you deserve. We encourage you to contact our Miami construction defect claim lawyers as soon as possible to learn how we can help resolve your insurance coverage dispute.
Insurance Disputes and Construction Defect Claims
Roof leaks, mold damage, wall cracks, leaky windows and faulty electrical wiring are just a few of the many possible construction defect claims that are made. Even if a homeowner purchases homeowners insurance or a developer/builder purchases liability insurance, there are various exclusions that the insurance company might use to deny coverage.
Here is a common scenario: Suppose a developer is sued by a homeowner who claims faulty roofing. The developer naturally makes a claim under his or her liability insurance policy, expecting the insurance company to defend the suit and ultimately pay any damages that are assessed against the developer. The insurance company denies the claim, asserting that a construction defect does not constitute a covered "occurrence" and citing various policy exclusions, including "business risk exclusions." The insurance company argues that a liability policy is not a performance bond that insures the developer against the consequences of defective work.
Our lawyers will use their extensive knowledge of Florida insurance laws to argue for coverage in your specific situation. In recent years, Florida has had two major Supreme Court decisions that have largely shaped how construction defect claims can be covered under a liability insurance policy. A general rule from the decisions in U.S. Fire Ins. Co. v. J.S.U.B., Inc. ("JSUB") in 2007 and Auto-Owners Ins. Co. v. Pozzi Window Co. ("Pozzi") in 2008 is that under a liability policy the cost of repairing or replacing the defective work itself may not be covered but consequential damage caused by the defective work is covered.
Using the same scenario as above, the faulty roof itself may not be covered. However, any damage that is a consequence of the faulty roof is covered, such as damage to walls and windows caused by roof leaks.
Contact Us for Florida Defective Construction Claim Attorneys
To arrange a consultation to discuss your construction defect claim, please contact us by e-mail or call 305-577-3996. From offices in Miami and Orlando, our lawyers represent clients from throughout Florida and across the nation.