Florida's law requiring full payment when a home is a total loss does not apply when part of the destruction involves flood damage excluded by policy language, the state's highest court decided yesterday.
The Supreme Court in its unanimous decision sent the case back to the trial court level to determine the appropriate payments for the damage.
At issue is a case brought by Eugene Cox, whose family home in the Florida Panhandle was a total loss in 2004 after damage from Hurricane Ivan winds and flooding. The Coxes have sought the $65,000 policy limit plus $52,000 for personal property and other coverages.
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