Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner, holding that coverage cannot be created by waiver when the insured does not reside at the covered property. About The Author
In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical damage” to property. In Gilreath Family & Cosmetic Dentistry Inc. v. Cincinnati Insurance Co., No. 21-11046, Slip. Op. (11th Cir. Aug. 31, 2021), the insured dentistry practice canceled routine and elective dental procedures at the beginning of the Covid-19 pandemic in response to state orders and CDC recommendations. Because these procedures made up the bulk of its business, the insured lost a substantial portion of its usual income. To recover that lost income, the insured filed a claim for business interruption coverage with its insurer.…
