July 2022

Wayne Taylor and Anne Landrum obtained summary judgment in favor of Rockhill Insurance Company in the United States District Court for the Southern District of Florida. The insured filed suit for breach of contract for failing to pay for wind damage to the roof, windows, and other parts of a commercial residential building as a result of Hurricane Irma. An appraisal award subsequently was entered, which did not include the cost of “matching,” which the court described as “the cost of maintaining the aesthetic uniformity of the affected structures post-repairs.” The insured wanted the claim returned to the appraisal panel to calculate the cost to replace undamaged parts of the building to ensure they visibly “matched” the repaired parts. The magistrate judge found the insurance policy’s plain language disclaimed any responsibility to ensure uniformity between replaced parts and undamaged parts. In other words, the policy did not require payment to ensure the undamaged parts “matched” the damaged parts after repairs were completed. The district judge agreed, adopted the magistrate judge’s report and recommendation, and entered summary judgment in favor of Rockhill.