Florida U.S. District Court: known loss provisions did not bar coverage despite insured's prior knowledge of cause of da

Who among us has not wondered to what extent courts will enforce the extensive "known loss" provisions found in most CGLs these days? A judge in the U.S. District Court for Southern Florida recently denied summary judgment to an insurer that sought summary judgment on the duty to defend based on a number of policy provisions, including the pre-existing condition, or known loss, clause. This provision bars coverage where the insured knew of damage, in part or whole, before the inception of the policy period. As the skateboarder set says: Dude, Harsh!In fact, the insured, a roofing contractor, was aware that the roof was leaking and causing interior damage before the policy period began. But, the court reasoned, the lawsuit by the homeowners against the roofing contrac