Benjamin Ergas dropped a hammer on his tile, leaving a chip about the size of a quarter. Ergas and his wife filed a lawsuit after Universal Property and Casualty Insurance Co. denied coverage for "marring."
Broward Circuit Judge Carol-Lisa Phillips ruled for the insurance company, and the appeals court agreed with her Wednesday.
The argument by the Ergases that the term "marring" was ambiguous was lost on judges in both courts.
"The damage caused by the hammer dropping constituted marring and thus was excluded from policy coverage," Judge Martha Warner wrote for a unanimous panel.