The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Barbara Cancel v. Security First Insurance Company.

Noah J. Prosser (Deland/Central FL) (Property) recently obtained an order granting Judgment on the Pleadings in favor of Security First Insurance Company in a property action. The Plaintiff AOB vendor filed suit alleging Security First breached the insurance contract by not paying for its engineering inspection/report invoice. After asserting an affirmative defense of no coverage, we filed a Motion for Judgment on the Pleadings on Security First’s behalf, arguing the subject insurance policy’s express terms and conditions do not afford coverage for a third-party’s engineering services. Plaintiff, in response, argued that because this was an “all risks” policy, all Plaintiff had to allege was that the a loss occurred during the policy period for these engineering type services to be covered. Plaintiff further attempted to equate engineering services to general contractor overhead and profit (which have been determined payable in other cases) to show that the policy does cover services that are not performed in connection with actual repairs to the property. After considering argument from both sides, Judge Amy J. Carter in Orange County agreed with Security First and granted Judgment on the Pleadings in Security First’s favor and against the Plaintiff on its sole count in its Complaint.