My client resides in Punta Gorda, Florida and has his homeowners insurance with Citizens Property Insurance. His water heater malfunctioned and flooded his home with water. He reported the claim to Citizens Insurance. Citizens said that the loss was not covered because the water heater malfunctioned. Citizens cited a clause in their policy that excludes losses caused by defective products.
However, this clause only excludes the damage to the defective part itself, not damage caused by the defective part. The water damage is covered. I see this type of denial from various insurance companies all the time. To an unsuspecting homeowner, this may sound reasonable, but it is dead wrong. Homeowners insurance covers this type of loss.
Yesterday, I filed a lawsuit against Citizens for breach of contract. As with many of my insurance cases, if I win the insurance company will be required to pay all of my fees and costs; and if I lose, I’ll work for free.
I handle these types of cases all over the State of Florida.