Attorneys who handle insurance claims denial cases learn real fast about the requirement to segregate damages, especially with roofing cases. This is illustrated in a 2020, Eleventh Court of Appeals opinion styled, Prime Time Family Entertainment Center, Inc. v. Axis Insurance Company and Andrew Jencks.
This case presents the question of whether an insured that receives a payment from the insurer on its claim is excused from complying with the requirement to segregate covered losses from non-covered losses under the doctrine of concurrent causes if it later brings a suit for breach of contract.
This is an appeal from a grant of summary judgment in favor of Axis. This Court affirmed the ruling.