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.

Consumer Law Office – Handling Property Insurance Damage Claims & Disputes From Start of Claim to Settlement.

If you have sustained damage to your property, immediately contact The Florida Property Damage Attorneys at Consumer Law Office (CLO). Our law office can even file your claim for you.

Our Property Damage Attorneys are highly experienced and use their knowledge of insurance policy interpretation, insurance law and adjusting to determine the scope of your property damage to help you receive the maximum compensation you are entitled to under your insurance policy.

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Contact us today for a free property damage consultation: 305-940-0924

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