Florida Windstorm Underwriting v. Gajwani

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, where a policy excludes coverage for the type of loss suffered, “the insured has the burden to prove an exception to an exclusion contained within an insurance policy”
• holding the insured has the burden to prove an exception to an exclusion contained within an insurance policy
• recognizing, with respect to a similar policy provision, that “the insured has the burden to prove an exception to an exclusion contained within an insurance policy”
• affirming summary judgment for insurer under similar policy where insureds “conceded that they could not offer any evidence of entry through openings in the roof or walls caused by Hurricane Irene”
• reversing summary judgment in favor of insureds and holding that where insureds “did not offer any evidence to support an exception to the unambiguous exclusion in the policy, they clearly did not meet their burden” on summary judgment
• “[T]he insured has the burden to prove an exception to an exclusion contained within an insurance policy[.]”

Source: CourtListener parenthetical corpus (CC0).