MIAMI — A federal court has thrown out a lawsuit filed by a Key West business claiming its insurer breached an amended insurance contract after they filed a Hurricane Irma property damage claim.
According to the June 13 U.S. District Court for the Southern District of Florida filing, the defendant Houston Casualty Company (HCC) asked the court for a summary judgment in a suit filed by the plaintiffs New South Communications, doing business as Florida Keys Media LLC and its owner Robert Holladay.
Holladay's suit filed in May 2018 involves an insurance claim he made for alleged property damage after Hurricane Irma battered the Florida Keys. The policy insured New South with an amendment to include Florida Media Keys and Holladay as the insured, according to the court filing.
HCC argues that Holladay has no standing to "assert the claim for relief made in this action" and that New South is the "only insured able to bring a claim under the policy," but does not have any "insurable interest in the properties" so it can not claim injury or any"rights allegedly belonging to persons or entities other than itself." HCC also argues that Holladay did not adhere to the conditions "precedent to coverage and to filling suit."
HCC also claims that Holladay's policy limited loss for interior building damage and that he could not prove the damage was caused by rain coming in an opening created by the hurricane.
U.S. District Judge James King agreed with HCC that Holladay failed to show evidence of interior damage "caused by rain" from the opening made by the storm and did not meet their burden of proof.
Judge King concluded that since "no genuine issue of material fact exists" in the case, HCC's motion for summary judgment would be granted while dismissing the case.