Court Grants Summary Judgment in Construction Company’s Insurance Dispute


In a recent case before the United States District Court, Middle District of Florida, Fort Myers Division, a construction company, Gulfpoint Construction Company, Inc., filed a lawsuit against Westfield Insurance Company over a breach of insurance policy. The court, after considering the arguments put forth by both parties, granted Westfield’s Motion for Summary Judgment. This blog post provides an overview of the case and discusses the court’s reasoning behind its decision.

Background On the Case

Gulfpoint Construction Company, Inc. is a construction company that had its contractors’ office insured by Westfield Insurance Company. The insurance policy included a notice provision, requiring Gulfpoint to give prompt notice of any loss or damage to covered property. It also had provisions regarding coverage, including optional coverages and replacement costs.

The Case

Hurricane Irma made landfall in September 2017, and four days later, Gulfpoint had repairs done to its damaged roof by Crowther Roofing and Construction Services. However, Gulfpoint did not notify Westfield of the damage or repair work at that time. Two years later, in September 2019, Gulfpoint informed Westfield of the damage caused by Hurricane Irma. Westfield conducted an investigation and ultimately denied coverage for Gulfpoint’s claim, stating that the damages did not appear to be caused by a wind event.

The Court’s Decision

Westfield Insurance Company filed a motion for summary judgment, asserting two affirmative defenses: Gulfpoint’s failure to give prompt notice and the inability to recover benefits under the policy’s replacement cost coverage due to the lack of roof replacement. The court analyzed the arguments and ruled in favor of Westfield.

Regarding the prompt notice defense, the court stated that timely notice is crucial for insurers to evaluate their rights and liabilities and prevent fraud. The court found that Gulfpoint’s two-year delay in reporting the damage did not constitute prompt notice, and Westfield was prejudiced by the delay. Therefore, the court ruled in favor of Westfield on this defense.

Concerning the inability to recover under the replacement cost coverage, the court determined that Gulfpoint had not yet replaced its roof as required by the policy. The court concluded that Gulfpoint could not recover replacement cost damages until the repairs or replacement were made promptly after the loss or damage. Consequently, the court granted summary judgment in favor of Westfield on this defense as well.

Key Takeaways

In this insurance dispute between Gulfpoint Construction Company, Inc. and Westfield Insurance Company, the court granted Westfield’s motion for summary judgment based on two affirmative defenses: the failure to provide prompt notice and the inability to recover benefits under the replacement cost coverage. The court emphasized the importance of timely notice and the requirement to promptly repair or replace damaged property. As a result of this decision, Gulfpoint’s claim for breach of the insurance policy was denied.

Importantly, as evidenced in this case, anyone who thinks they may have a valid claim should notify their insurance company immediately. If you have legal concerns about any real estate, condo, or construction law matter, please don’t hesitate to contact Ansbacher Law today.