RM & ASSOCIATES CONSULTING, INC. A/A/O ERIC MESA
v.
PEOPLE'S TRUST INSURANCE COMPANY

Fla. 3d DCA | 2021-11-10
No. 21-0149
Duffy
Florida District Court of Appeal, Third District (2021)

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Holding

Emergency water mitigation services taken solely to protect against further damage to insured property are covered 'Reasonable Repairs' under the policy's Additional Coverages provision.


Headnotes

[1] Emergency water mitigation services undertaken solely to prevent further damage to insured property constitute 'Reasonable Repairs' covered under an insurance policy's Ad…

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Facts & Procedural History

RM & Associates Consulting sought coverage from People's Trust Insurance Company for emergency water mitigation services performed on insured property…

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Opinion of the Court

PER CURIAM.

Affirmed. See Express Damage Restoration, LLC v. Citizens Prop. Ins.

Corp., 320 So. 3d 305, 307-09 (Fla. 3d DCA 2021) (concluding that emergency water mitigation services taken solely to protect against further damage to the insured property are “Reasonable Repairs” that are covered under the policy provision for “Additional Coverages”); Estate of Herrera v. Berlo Indus., Inc., 840 So. 2d 272, 273 (Fla. 3d DCA 2003) (“[Appellant] seeks to raise issues which were not raised in the trial court. However, issues not presented in the trial court cannot be raised for the first time on appeal.

Thus, [appellant] is precluded from raising new arguments on appeal.) (citation omitted).


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