Rita D. Garcia, Appellant,
First Community Insurance Company, Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 15-19192 Antonio Marin, Judge.
& Best, and Virginia M. Best and Johanna M. Menendez, for
Glasser Park & Lowe, P.L., and Joseph H. Lowe, Andrew M.
Feldman, and Nicole M. Reid, for appellee.
SUAREZ, LAGOA, and LINDSEY, JJ.
D. Garcia ("Garcia") appeals from a final summary
judgment entered in favor of First Community Insurance
Company ("First Community"). Because genuine issues
of material fact exist as to the cause of the loss, we
FACTUAL AND PROCEDURAL HISTORY
owns property located at 3730 S.W. 84th Avenue in Miami (the
"property"). The property was insured under a
homeowner's policy assigned to First Community. The
relevant provision of the policy at issue provides:
COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES
We insure against risk of direct loss to property described
in Coverages A and B only if that loss is a physical loss to
. . . .
We do not insure, however, for ...