469_C097
TREES AND SHRUBBERY DAMAGED BY HURRICANE WERE NOT COVERED

An insurer appealed trial court judgment holding it obligated to cover damage to trees and shrubbery, caused by a hurricane, on the premises where the insureds' dwelling was located. Those items were not included in Dwelling Coverage A, under which windstorm was a covered peril.

The applicable homeowners policy did provide coverage for trees, shrubs, plants or lawns under "Additional Coverages," pertinent to Section I Property Coverages. However, such growing property was covered only for loss caused by: Fire or lightning, explosion, riot or civil commotion, aircraft, vehicles not owned or operated by a resident of the resident premises, vandalism or malicious mischief, or theft. The limit for the coverage, including the cost of debris removal, was 5% of the dwelling limit and in addition to it.

The judgment of the trial court was reversed in favor of the insurer and against the insureds.

Editor's Note: Trees, shrubs, plants and lawns are covered against identical perils (not including windstorm) under homeowners policies written by most insurers. The coverage for them in many policies is found under "Incidental Property Coverages" rather than "Additional Coverages." This is also additional insurance and is usually subject to a limit of 10% of the amount of insurance for Personal Property Coverage C. We have featured this case because of the current frequency of hurricanes and other windstorms and the need for ready answers to questions asked by insureds about the property involved.

(STATE FARM FIRE AND CASUALTY COMPANY ET AL., Appellants v. GOLDSTEIN ET UX., Appellees. Florida District Court of Appeals. No. 95-3101. May 29, 1996. CCH 1996 Fire and Casualty Cases, Paragraph 5699.)