The main question in a lawsuit that pits insurance underwriters against a Florida condo association is: does the disturbance of a noisy gym constitute property damage?
It is a lawsuit that raises questions regarding how insurance contracts should be interpreted, as this commercial general liability policy defines “property damage” as “physical injury to tangible property.”
The underwriters at Lloyd’s of London are seeking declaratory relief and reimbursement after incurring a more than $91,000 bill for defending Bayfront Tower Condominium Association Residential in St. Petersburg from a noise complaint under a policy that provides coverage from property damage.
Homeowners have the right to “quiet enjoyment” of their homes. That translates to the right homeowners have to peacefully live in their community without being annoyed, harassed, or interfered with.
The lawsuit, found on Law.com/Radar, filed Wednesday in the U.S. District Court Middle District of Florida Tampa Division, argues a loud fitness center isn’t defined as property damage and physical injury to tangible property under its policy.
The outcome of the case will depend on how the court interprets the plain language of the policy.
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