Peek v. American Integrity Insurance Company of Florida

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 Chinese drywall was an excluded peril, sulfuric gasses emanating from the drywall that caused odor and corrosion represented a “single discrete loss from a single discrete injury” and thus were not ensuing losses
• insureds must produce a qualified expert witness to testify as to what caused direct physical damage to prop- erty during the policy period
• plaintiffs could not establish cause of loss where they did not present expert testimony or other evidence as to the cause of loss
• “[B]oth of the claimed ensuing losses are specifically excluded under the policy because an excluded cause of loss—defective Chinese drywall— led directly to another set of exclusions—pollution and corrosion”
• “An ensuing loss follows as a consequence of an excluded loss, and the crux of the ensuing loss provision is that there must be a covered cause of loss that ensues from the excluded cause of loss.”

Source: CourtListener parenthetical corpus (CC0).