SFR Services, LLC, a/a/o Donald and Jane Marston v. Tower Hill Signature Insurance Company
After a jury found that Tower Hill proved its affirmative defense that SFR, the insureds' assignee, materially misrepresented the value of roof repairs, the Sixth District affirmed the defense verdict. The court held that a policy's Concealment or Fraud provision is a contract condition — not an insured 'duty after loss' — and therefore binds a contractor proceeding under a post-loss assignment of benefits.
Key facts
- SFR Services, LLC, an assignee of insurance benefits under a homeowners policy issued by Tower Hill Signature Insurance Company to Donald and Jane Marston, submitted a claim for roof repairs.
- A jury found that Tower Hill proved its affirmative defense that SFR materially misrepresented the value of the roof repairs in violation of the policy's Concealment or Fraud provision.
- +2 more key facts with a free trial
Why it matters
This is the first Florida decision to apply the assignment/contract-condition distinction to a policy's Concealment or Fraud clause, expressly extending Webb Roofing beyond appraisal. Property insurers defending AOB… — full analysis with a trial
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