Jill Aberbach from the Ft. Lauderdale office won summary judgment where the Insured made a claim for Hurricane Ian damage to her property. The Carrier completed an investigation, provided coverage, and the parties entered into Appraisal. After completing Appraisal, the Carrier paid in accordance with the award, reducing it by the hurricane deductible, prior payments, exclusion for exterior paint, and an exclusion for mold as the sub-limit had been exhausted because of an earlier claim.

The Plaintiff filed suit arguing that the hurricane deductible was misapplied as it should have been absorbed by the appraisal award in excess of the Policy’s mold limit. Plaintiff also filed a cross-motion for summary judgment seeking payment under the mold provision of the Policy and for exterior paint. Jill argued that a deductible should be applied nor absorbed based on an exclusion of the policy and that all exclusions were properly deducted from the appraisal award. The Judge agreed, granting Jill’s summary judgment and denying Plaintiff’s cross-motion for summary judgment.