[Download] "Kurt Wallach and Old Republic Insurance Company v. Barbara Rosenberg and Ralph Rosenberg" by Third District Court of Appeal of Florida * Book PDF Kindle ePub Free
eBook details
- Title: Kurt Wallach and Old Republic Insurance Company v. Barbara Rosenberg and Ralph Rosenberg
- Author : Third District Court of Appeal of Florida
- Release Date : January 14, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
The Rosenbergs and Wallach own adjoining property on an island that was encircled by a continuous sea wall. On a stormy day in June, 1983, Wallachs sea wall collapsed, precipitating a domino-like crumbling of a portion of the Rosenbergs sea wall. The Rosenbergs filed suit against Wallach maintaining that Wallach breached his duty to use reasonable care in maintaining his premises. They also filed a claim under their all-risk homeowners policy with Old Republic. The insurer denied coverage contending that although the policy insured against "all risk of physical loss to the property," certain exclusions in the policy precluded coverage "for loss resulting directly or indirectly . . . from earth movement . . . or water damage . . . ."