MAYRA SANTANA v. PEOPLE'S TRUST INSURANCE COMPANY

• Court: District Court of Appeal of Florida
• Decided: March 29, 2023
• Docket: 21-2338
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 29, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-2338 Lower Tribunal No. 20-20725 ________________

Mayra Santana, Appellant,

vs.

People’s Trust Insurance Company, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Charles Johnson, Judge.

Rodriguez Tramont & Núñez, P.A., Paulino A. Nuñez, Jr., Frank R. Rodriguez, and Stephanie Therese Nuñez, and Crabtree & Auslander, LLC and Charles M. Auslander, and Brian C. Tackenberg, and John G. Crabtree, Knecht Law Group, and Michael C. Knecht (Jupiter), for appellant.

Brett Frankel, Jonathan Sabghir (Deerfield Beach), Cole, Scott & Kissane, P.A. and David C. Borucke (Tampa), for appellee.

Before SCALES, MILLER, and LOBREE, JJ. PER CURIAM.

Affirmed. See Dodge v. People’s Tr. Ins. Co., 321 So. 3d 831, 835

(Fla. 4th DCA 2021) (“Corrosion, the chemical reaction between iron and

moist air, is an act of nature or a naturally occurring force. Thus, the rust or

corrosion occurred because of a natural act.”); Rosa v. Safepoint Ins. Co.,

350 So. 3d 468, 471 (Fla. 5th DCA 2022) (“[T]he rust or other corrosion that

occurred in the pipes in [appellant’s] dwelling, regardless of whether it was

perhaps preventable or controllable, was a naturally occurring force and thus

an act of nature. As an act of nature, the loss came within the policy

exclusion for ‘any act of nature.’”).