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.)