NATIONWIDE MUT. INS. CO. v. BATES

No. 1D02-0399.

840 So.2d 349 (2003)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Sheila BATES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 26, 2003.


Attorney(s) appearing for the Case

John F. Fannin of Dore, Lanier, Noey & Fannin, Chartered, Jacksonville; and Rhonda B. Boggess of Taylor, Day & Currie, Jacksonville, for Appellant.

Seth L. Rothstein of Adams, Rothstein & Siegel, Jacksonville, for Appellee.


BOOTH, J.

This appeal arises from a claim on a commercial all-risk insurance policy. We affirm the trial court's ruling in favor of the insured, because the settling that damaged the structures on the insured's property was not the type of normal settling connoted by the exclusions clause of the policy.

Appellant issued a commercial all-risk insurance policy to Appellee on her rental home. Unbeknownst to either Appellant or Appellee, construction debris was...

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