"We went in and did this form of alternative dispute resolution, ... and they said, 'We're not paying. We want to present our defenses,'" plaintiff counsel said about Heritage Property and Casualty Co.
The insurer refused the claim because it determined that the hurricane caused only minor damage to the property, and that the cost of any repairs was less than the insurance policy's deductible.
The court will decide whether insurers should be allowed to forgo updating the statute of limitation for claims in their policies if that information is included in later endorsements.
The justices were guided by a 2020 decision related to an identical policy where the court found the term "physical abuse" as used in the exclusion was ambiguous.