| Carrier | Homesite Insurance Company |
|---|---|
| Arguments used | Wear and tear |
| What happened next | Civil Remedy Notice filed with Florida's Department of Financial Services, which opens a 60-day window for the insurer to cure. |
This letter names the doctrine that decides most of these disputes, and it names it in the policyholder’s favour on one half of the claim. The interior leaking would be the covered ensuing loss. The roof it came through would not be covered, because of age, wear and tear and maintenance.
Ensuing loss is the provision that saves coverage when an excluded cause produces a covered consequence. The worn component is excluded; the damage the water then does is not. Most letters in this archive collapse the two and refuse everything. This one separates them expressly, which makes it a useful counter-example to hold beside the others.
The last sentence is the one to act on. An additional letter will be forthcoming regarding coverage for the interior water damages. A promise of a further decision is not a decision, and it does not stop the clock: Florida’s deadlines run from the date of loss, not from whenever the second letter arrives. If it never came, that absence is itself part of the claim record.
Florida DFS Civil Remedy Notice, filing no. 654539, accepted 10/29/2022, Palm Coast. The filing is not the letter: the passage below is the denial letter's own language as the policyholder quoted it, where Homesite advised this in written correspondence to the insureds dated November 19, 2021. · public record ↗
Quotes are verbatim from the cited public record. Case status and statute summaries drafted August 2026; verify against the current docket and statute. Not legal advice; consult an attorney about your specific claim.
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