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Garcia v. First Community Insurance Co.

Florida Court of Appeals, Third District

March 28, 2018

Rita D. Garcia, Appellant,
v.
First Community Insurance Company, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 15-19192 Antonio Marin, Judge.

          Lopez & Best, and Virginia M. Best and Johanna M. Menendez, for appellant.

          Klein Glasser Park & Lowe, P.L., and Joseph H. Lowe, Andrew M. Feldman, and Nicole M. Reid, for appellee.

          Before SUAREZ, LAGOA, and LINDSEY, JJ.

          LAGOA, J.

          Rita 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 reverse.

         I. FACTUAL AND PROCEDURAL HISTORY

         Garcia 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 property.
. . . .
We do not insure, however, for ...

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