Fla. Insurer Gets Summary Judgment for Insured's Post-Loss 'Neglect'

ORLANDO, Fla. -Homeowners' failure to make necessary roof repairs to prevent further loss and their decision to postpone mold remediation despite their insurer's willingness to pay for it relieved the insurer of any obligations under a homeowners policy, a federal judge ruled Jan. 27. Royal Indemnity Co. v. Andrews, No. 6:04-cv-1049-Orl-22DAB (M.D. Fla.).

After offering a lengthy summary of communications between Royal Indemnity Co. and Michael and Debra Andrews, Judge Anne C. Conway of the U.S. District Court for the Middle District of Florida concluded that the Andrewses violated their homeowner's policy's negligence exclusion, and failed to fulfill other obligations …