ERGAS v. UNIVERSAL PROPERTY AND CAS. INS.

No. 4D11-3803.

114 So.3d 286 (2013)

Benjamin ERGAS and Beth Ergas, Appellants, v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 7, 2013.


Attorney(s) appearing for the Case

Paul B. Feltman of Alvarez, Carbonell, Feltman, Jimenez & Gomez, P.L., Coral Gables, for appellants.

Richard B. Doyle, Jr. and Colleen A. Brannelly of Loughren and Doyle, P.A., Fort Lauderdale, for appellee.


WARNER, J.

The insured dropped a hammer on his tile floor, causing it to chip. He filed a claim for the damage with his homeowner's insurance company which denied coverage, because it claimed that the damage constituted "marring" which was excluded from coverage. After the homeowner filed suit, the trial court entered summary judgment, agreeing with the insurance company that the damage was not covered by the policy. We affirm, because marring is not covered under...

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