Matthew C. Scarborough, Esq., Managing Partner of Scarborough Attorneys, was successful in obtaining a Motion for Summary Judgment in St. John’s County in front of the Honorable Howard M. Maltz. In this case, the Plaintiffs brought an action for declaratory relief against their insurer for alleged damage to their dock following Hurricane Matthew. The Plaintiffs claim was denied by their insurer on the grounds that the damage was likely the result of surface, flood, or tidal water, which was excluded under the policy.
Matthew C. Scarborough was successful in arguing that because the flood water was either a direct or indirect cause of the damage in that it was the flood water that moved the debris to the dock, the flood water exclusion applied; moreover, as the debris was conveyed or carried by the floodwater, the exclusion for water-borne material also applied.
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