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Insurer wins dispute over Estefan restaurant losses

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Insurer wins dispute over Estefan restaurant losses

Great American Insurance Co. has prevailed in a dispute with singer Gloria Estefan and her husband over property damage to a Miami Beach restaurant owned by the couple, with a federal district court ruling coverage was precluded by policy language.

Restaurant Larios on the Beach Inc. is in a three-story building constructed in 1930 that was purchased in 1992, according to Tuesday’s ruling by the U.S. District Court in Miami in The S.O. Beach Corp. and Larios on the Beach Inc. v. Great American Insurance Co. of New York. The Cuban restaurant is owned by Gloria Estefan and her husband, Emilio.

The plaintiffs reported property damage to the restaurant’s insurer, Great America Insurance Co. of New York, a unit of Cincinnati-based Great American Insurance Co., which had issued a 2013 all-risk commercial property insurance policy. The policy provided up to $2.5 million in coverage, according to court papers.

 An inspection company hired by the insurer concluded the damage was caused by moisture exposure that had occurred over an extended period of time.

After Great America had not issued a decision on whether the policy covered the property damage as of June 2017, the plaintiffs filed suit seeking recovery from Great America for their alleged loss.

There is coverage for physical loss caused by a collapse, which is defined as an “abrupt falling down or caving in,” said the ruling.

“However, Plaintiffs have provided no affirmative expert opinion or documentary evidence showing that the alleged damage actually satisfies the criteria for a covered collapse under the 2013 policy,” said the ruling.

“In contrast, Great American has produced two expert opinions documentary evidence, and testimony from fact witnesses establishing multiple reasons Plaintiffs’ property damage is not covered.

“Ultimately, the evidence indicates the damage occurred gradually over an extended period of time and that Plaintiffs knew about the building’s gradual deterioration well before the date they allege the collapse occurred.

“As such, Plaintiffs cannot prove that any portion of the Building abruptly fell down or caved in during the 2013 Policy period and, thus, cannot survive Great American’s motion for summary judgment,” said the ruling in granting Great American summary judgment dismissing the case.

In December, a Florida state court ruled singer Gloria Estefan’s company is entitled to recover more than $5.6 million from an American International Group Inc. unit in connection with hurricane damage to a hotel she and her husband own. 

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