State Farm Wins Water Damage Case: Policy Exclusion Applies
Table of Contents
Case Background
This civil lawsuit arose from a homeowner’s insurance claim denial that resulted in a contract dispute in the 17th Judicial Circuit in Broward County, Florida. The Plaintiffs, Mildred Ventura and Edgardo Ventura, initiated the action against their insurer, State Farm Florida Insurance Company. The dispute centered on a homeowner’s insurance policy that State Farm had issued to the Venturas, covering their residential property located in Broward County.
The homeowners reported a loss to State Farm in late November 2021, claiming that damage, including water intrusion and mold, occurred at their property during the policy’s effective dates (June 20, 2021, to June 20, 2022). They submitted a claim for water mitigation, mold remediation, and repair costs. State Farm, however, investigated the claim and ultimately sent the Venturas in April 2022, standing by its decision to refuse coverage. The Venturas then filed suit, asserting that the insurance company had breached the contract by failing to pay for the covered damage.
Cause
The primary cause of the lawsuit was State Farm’s refusal to pay the claim. The Venturas contended that their property suffered a direct physical loss from a covered peril under the policy. They asserted that State Farm breached the insurance contract by refusing to pay the necessary amounts for repairs and restoration after the covered loss event. The homeowners argued that State Farm wrongfully applied policy exclusions when it denied the claim.
Injury
The injuries claimed by the Venturas were financial. They suffered out-of-pocket losses when they had to pay for water mitigation and mold remediation servi
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