Middle District of Florida Rules Statute of Limitations Triggered for Ordinance or Law Upon Insured’s Notification of Liability for Same
By Kelly M. Vogt
In Kingseal LLC v. Arch Specialty Ins. Co., the United States District Court for the Middle District of Florida, Fort Myers Division rejected an insurer’s argument that a complaint should be dismissed because Florida’s five-year statute of limitations for breach of contract bars the subject action which is premised on ordinance or law damages arising out of Hurricane Irma.
The court held that the trigger for the policy’s ordinance or law endorsement is the date the insured was notified that it was liable for additional repairs and renovations to bring its facility into compliance with applicable ordinances/laws, not the date the property sustained covered physical damage (i.e., the date of Irma’s landfall on September 11, 2017).
Kelly Vogt focuses her practice on first party property and insurance coverage matters. She is also experienced in the areas of third party liability, appellate law, general civil litigation, and professional liability defense.