MAYRA SANTANA,
v.
PEOPLE'S TRUST INSURANCE COMPANY,

Fla. 3d DCA | 2023-03-29
No. 2021-2338
Florida District Court of Appeal, Third District (2023)

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Holding

Corrosion and rust are acts of nature or naturally occurring forces excluded from insurance coverage under standard homeowners' policies.


Headnotes

[1] Corrosion resulting from the chemical reaction between iron and moist air constitutes an act of nature within the meaning of policy exclusions for acts of nature, regardl…

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Key Quotes

“Corrosion, the chemical reaction between iron and moist air, is an act of nature or a naturally occurring force. Thus, the rust or corrosion occurred because of a natural act.”

Court explaining that corrosion qualifies as an act of nature under insurance policy exclusions

Facts & Procedural History

Mayra Santana filed a claim with People's Trust Insurance Company for property damage. The insurer denied coverage based on a policy exclusion for act…

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Opinion of the Court

PER CURIAM.

Affirmed. See Dodge v. People’s Tr. Ins. Co., 321 So. 3d 831, 835 (Fla. 4th DCA 2021) (“Corrosion, the chemical reaction between iron and moist air, is an act of nature or a naturally occurring force. Thus, the rust or corrosion occurred because of a natural act.”); Rosa v. Safepoint Ins. Co., 350 So. 3d 468, 471 (Fla. 5th DCA 2022) (“[T]he rust or other corrosion that occurred in the pipes in [appellant’s] dwelling, regardless of whether it was perhaps preventable or controllable, was a naturally occurring force and thus an act of nature. As an act of nature, the loss came within the policy exclusion for ‘any act of nature.’”).


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