Florida Record

Wednesday, November 20, 2019

Federal judge denies Naples golf club's partial judgment motion in Hurricane Irma damage case

State Court

By Marian Johns | Jul 30, 2019

Greyoaks

FORT MYERS — A Naples golf club suing its insurer over a dispute related to a Hurricane Irma damage claim, for which portions of the club's property are covered under its policy, has been denied its motion for partial judgment on the pleadings. 

According to the July 15 U.S. District Court for the Middle District of Florida Fort Myers Division filing, the court reviewed cross motions for partial judgment on pleadings from plaintiff Grey Oaks Country Club, Inc., and defendant Zurich American Insurance Company. 

Grey Oaks, a 1,233-acre golf club in Naples, sued Zurich American over its "golf course outdoor grounds coverage" policy, alleging breach of contract after a dispute over the "interpretation" of what grounds are covered under the policy.

Grey Oaks argues that it sustained damage from Hurricane Irma to its building, landscaping, clubhouses and estuary golf course. Grey Oaks said its golf course grounds contain landscaping that has "an eight-figure value in trees alone."

At issue is the number of "premises" that fall under the policy's $500,000 per premises coverage. 

Zurich American argues that the only "premises" covered under the policy is the main building, with Grey Oaks arguing that each of the 19 locations listed on the policy's "schedule of locations" are covered under its outdoor grounds policy. 

The court concluded that two "premises" exist "for the purposes of the golf course outdoor grounds coverage" which are the locations described by address in the policy. Senior U.S. District Judge John Steele denied Grey Oaks' motion and limited Zurich to insuring the two sites listed on the policy for $500,000 per premises. 

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