AMICUS BRIEF ON VALUED POLICY LAW

The National Association of Mutual Insurance Companies has joined with State Farm Florida Insurance Company to file an amicus curiae brief in a case involving Florida’s valued policy law.

“We filed a friend of the court brief because our member companies believe that the valued policy law cannot create liability for an insurer for losses caused by an excluded peril,” NAMIC Regulatory Affairs Counsel Marsha Harrison said.

Citizens Property Insurance Corporation v. Scylla Properties, et al., supports the appellant Citizens’ position that the trial court’s rulings on issues involving Florida’s valued policy law were incorrect. The brief was filed Sept. 30 in the District Court of Appeal for the First District of Florida.

The Citizens case, a class action law suit, arose from property damage caused in Florida by Hurricane Ivan in 2004. It was undisputed that, as a result of the hurricane, the plaintiffs’ structure was rendered a total loss by a combination of wind and flood damage. The insurer, Citizens, took the position that its liability was limited only to that portion of damage caused by wind since flood damage was excluded by its policy.

Topics Florida