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The Court of Appeal upholds decision in favor of Liberty Mutual



A federal appellate court on Tuesday upheld a lower court decision in a lawsuit filed by a metal products company against a unit in the Liberty Mutual Insurance Group due to damages caused by 2018 hurricane Michael.

Metal Products LLC filed a claim to the Liberty Mutual device. Ohio Security Insurance Co. for hurricane damage to the exterior and interior of its two buildings in Marianna, Florida, but only received payment for wind damage to the roof of a building, according to the judgment of the 11th U.S. Circuit Court of Appeals in Atlanta in Metal Products Co., LLC v. Ohio Security Insurance Co.

The insurer paid Metal Products $ 61,717 for lost income and the actual cash value of wind damage for one building, but nothing for another building because its deductible for windstorm exceeded the damages, the ruling said. The company had filed an estimate that estimated a total "replacement cost value" of $ 81

8,745.

Metal Products sued the U.S. insurer. District Court in Panama City, Florida. The court ruled in favor of the insurer and held that there was no evidence that Ohio Security had breached its contract by refusing to pay for internal damages not covered by the insurance, noting that the company had not repaired the damage to the property required to pay replacement cost.

A panel of three judges adjudicated.
Ohio Security Attorney Hudson Jones, a partner with Butler Weihmuller Katz Craig LLP in Tampa, Florida, said in a statement that he was satisfied with the verdict.

Metal Products's attorneys did not respond to a request for comment.

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