Carlos Escobar, et al. v. Citizens Property Insurance Corporation

Summary

The Florida Third District Court of Appeal affirmed final summary judgment for Citizens Property Insurance Corporation in a dispute over coverage for drywall that abruptly fell from a bathroom ceiling. The court held that the loss did not qualify as an abrupt collapse under the policy’s Additional Coverage—Collapse provision because the drywall was not a part of the building that could be occupied and, independently, the bathroom remained usable for its intended purpose. The opinion was issued per curiam and is not final until disposition of any timely motion for rehearing.

Holdings

1. The fallen piece of bathroom-ceiling drywall did not constitute a collapse of a building or part of a building within the meaning of the policy because drywall cannot be occupied for its intended purpose.
2. Even assuming the drywall was part of the building, the loss did not qualify as an abrupt collapse because the bathroom could still be occupied for its intended purpose.
3. Final summary judgment for Citizens was proper because the undisputed facts established that the claimed loss was not covered under the Additional Coverage—Collapse provision.

Questions Presented

1. Whether the falling portion of drywall constituted a collapse of a building or part of a building under the policy's Additional Coverage—Collapse provision.
2. Whether the loss qualified as an abrupt collapse when the bathroom remained occupiable for its intended purpose.
3. Whether final summary judgment for Citizens was proper under the undisputed facts and the policy language.

Disposition

affirmed