MIERZWA v. FLORIDA WINDSTORM UNDERWRITING

No. 4D02-4996.

877 So.2d 774 (2004)

Zennon MIERZWA, Appellant, v. FLORIDA WINDSTORM UNDERWRITING ASSOCIATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 12, 2004.


Attorney(s) appearing for the Case

Stuart R. Michelson, James J. Birch, and Ilene L. Michelson of the Law Office of Stuart R. Michelson, Fort Lauderdale, for appellant.

Dorothy C. Venable, Betsy E. Gallagher, Scott A. Cole of Cole, Scott & Kissane, P.A., Tampa, for appellee.


FARMER, C.J.

The issue in this case concerns the extent of a wind insurer's liability after Hurricane Irene. The home owner had wind insurance with one carrier and flood insurance with another. The wind insurer's policy contained an anti-concurrent cause clause excluding coverage for any damage other than by wind. A state statute requires the wind insurer to pay the face amount of the policy if the building is a total loss. The building was in fact effectually condemned...

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