Secured summary judgment in Broward County in favor of a national insurer in an insurance coverage lawsuit. The case was regarding a specific policy endorsement, which barred coverage for any and all water damage to the property. The insureds argued that this exclusion was inapplicable as they were seeking coverage for the tear out and access coverage to the damaged water lines underneath the property. The Court held in favor of the insurer citing that the tear out and access coverage was only triggered under the policy if a sudden and accidental discharge of water damaged the property first. As such, the tear out and access coverage was under the umbrella of water damage and was excluded under the policy endorsement.

Second chaired an insurance coverage first property jury trial on the side of the insurer in the Circuit Court of Broward County. The insurer obtained a full defense verdict. The trial centered on whether the insureds violated their post-loss obligations under the policy by not notifying the insurer of the loss until after the damages areas were completely gutted and repaired. The jury found that not only was there a violation of the insured’s post loss obligations, but that no loss actually occurred due to lack of any evidence.