Hicks v. American Integrity Insurance Company of Florida, 43 Fla. L. Weekly 446 (Fla. 5th DCA Feb. 23, 2018).  An all-risk policy’s provision excluding damages caused to the insured’s property by “constant or repeated seepage or leakage of water over a period of 14 or more days” is ambiguous and therefore, does not exclude losses caused by leakage or seepage over a period of thirteen days or less.

The Appellate Court here reversed the grant of summary judgment in favor of American Integrity, finding that the policy language at issue does not unambiguously exclude losses caused by leakage or seepage over a period of thirteen days or less. Because there is ambiguity in the policy language, the language must be construed in the light most favorable to the insured. In the light most favorable to the insured, coverage exists for damages caused by the first 13 days of the leak. The Appellate Court therefore, reversed and remanded with instructions for the trial Court to enter partial summary judgment in favor of the insured on the issue of damages from the first 13 days of the loss being covered by the policy. Therefore, the issue at trial would be the damages arising from the first thirteen days of the water leak.  The Court also stated that the insurer has the burden to prove that a particular loss was sustained after the thirteenth day and therefore, not covered under the exclusionary provision.