Court Rejects Challenge to 'Continuous Leakage' Exclusion

WEST PALM BEACH, Fla. - A Florida appeals court has affirmed a trial court finding that coverage of damage from a months-long water leak at a vacant house is excluded under a "continuous or repeated leakage or seepage" exclusion in a homeowner's policy. Hoey, et ux. v. State Farm Florida Insurance Co., No. 4D07-2750 (Fla. Ct. App., 4th Dist.).

The Fourth District Court of Appeal reviewed a history of the leak and said the homeowners' argument that trial court's finding was not supported by the evidence to be "utterly without merit."

Edward and Helen Hoey sought coverage from State Farm …