Trial Court Finds Claim For Tile Damage From Fallen Wine Bottle May Be Denied …

Originally published by Francisco Garcia .

They say there is no use crying over spilled milk – but dropping a bottle of wine? Well, that may be a different story. A few months ago, I came across Carreras v. Federated National Ins. Co., a case involving an insurance claim for damage caused by a dropped bottle of wine.1 The impact of the bottle caused some of the insured property’s tiles to crack and chip. The insureds made a claim for the property damage under the homeowner’s insurance policy they had purchased from Federated National Insurance Company (“Federated”). This “all risk” policy covered all direct physical loss to the property except those expressly excluded from coverage.

Eventually, Federated denied the insureds’ claim based on the policy’s “marring” exclusion. The policy provision states, in pertinent part, as follows:

SECTION I — PERILS INSURED AGAINST

COVERAGE A — DWELLING and COVERAGE B — OTHER STRUCTURES

We insure against risk of direct…

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