INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: INSURED IS NOT BOUND BY SCOPE OF REPAIRS RECOMMENDED BY INSURER’S ENGINEER; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR INSURER REVERSED BECAUSE THE PARTIES’ ENGINEERS DISAGREED ABOUT THE SCOPE OF APPRORIATE REPAIRS TO REMEDIATE SINKHOLE LOSS

Roker v. Tower Hill Preferred Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

When the insured’s engineer disagreed with the insurer’s engineer about the scope of appropriate repairs to remediate the insured’s sinkhole loss, the insurer invoked neutral appraisal, and the appraiser substantially agreed with the insurer’s engineer. As a result, … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS’ INSURANCE: SINKHOLE: APPRAISAL: FIGA: SINKHOLE CLAIMS AGAINST FIGA ARE NOT SUBJECT TO APPRAISAL UNDER THE 2011 AMENDEMENT TO SECTION 631.54(3), FLORIDA STATUTES: INSUREDS WAIVED APPRAISAL BY ACTIVELY LITIGATING FOR TWO YEARS BEFORE SEEKING APPRAISAL; APPEALS: CERTIFIED QUESTIONS

Florida Insurance Guaranty Association, Inc. v. Kirschner, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

Based upon its decision in Florida Insurance Guaranty Association v. de la Fuente, ___ So. 3d ___, 40 Fla. L. Weekly D123 (Fla. 2d DCA January 7, 2015), the court held that sinkhole claims against FIGA are not … Click To Read Full Case Law Review...

INSURANCE: PIP: POLICY PROVISION THAT REIMBURSEMENTS SHALL BE SUBJECT TO LIMITATIONS IN SECTION 627.736, INCLUDING ALL FEE SCHEDULES, PROVIDED INSUREDS WITH ADEQUATE NOTICE THAT PIP INSURER WAS ELECTING TO LIMIT REIMBURSEMENTS BY USE OF FEE SCHEDULES

Allstate Fire and Casualty Insurance v. Stand-Up MRI of Tallahassee, P.A., ___ So. 3d ___, 40 Fla. L. Weekly D693 (Fla. 1st DCA March 18, 2015)

A provision in a PIP policy that “reimbursements ‘shall’ be subject to the limitations in § 627.736 [Florida Statutes], including ‘all fee schedules,’” provided insureds with adequate notice of the carrier’s “election to … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS’ INSURANCE: SINKHOLE: DISPUTES OVER THE SCOPE AND METHOD OF REPAIR ARE SUBJECT TO APPRAISAL: INSUREDS WAIVED APPRAISAL BY WAITING TWO AND ONE-HALF YEARS AFTER FILING SUIT TO DEMAND IT AND CONDUCTING DISCOVERY AND NOTICING CASE FOR TRIAL DURING THAT PERIOD: FIGA MAY NOT BE REQUIRED TO SUBMIT TO APPRAISAL OF SINKHOLE CLAIMS; APPEALS: CERTIFIED QUESTIONS: DOES THE AMENDED DEFINITION OF COVERED CLAIMS APPLY IF THE POLICY WAS ISSUED BEFORE THE AMENDMENT BUT THE INSURER BECAME INSOLVENT AFTER THE AMENDMENT: ARE SINKHOLE CLAIMS AGAINST FIGA SUBJECT TO APPRAISAL

Florida Insurance Guaranty Association, Inc. v. Hunnewell, ___ So. 3d ___, 40 Fla. L. Weekly D661 (Fla. 2d DCA March 13, 2015)

A dispute over the scope and method of repair is subject to appraisal, but the insureds waived their right to appraisal by waiting two and one-half years after filing suit to demand appraisal and by conducting discovery and … Click To Read Full Case Law Review...

INSURANCE: INSOLVENCY PROCEEDINGS; CIVIL PROCEDURE: DISCOVERY: APEX DOCTRINE: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY ORDERING INSURANCE COMMISSIONER TO SUBMIT TO DEPOSITION TO ANSWER HYPOTHETICAL QUESTIONS WHETHER HE WOULD HAVE RECOMMENDED INSTITUTING INSOLVENCY PROCEEDING ONE YEAR EARLIER IF ACCOUNTING FIRM PREPARED ACCURATE FINANCIAL STATEMENTS: THIS EVIDENCE COULD BE FURNISHED BY EXPERTS OR LOWER LEVEL EMPLOYEES: ASKING AGENCY HEADS TO ANSWER HYPOTHETICAL QUESTIONS VIOLATES SEPARATION OF POWERS AND COULD DISTRACT PUBLIC OFFICIALS FROM THE PERFORMANCE OF THEIR DUTIES; APPEALS: CERTIORARI

Florida Office of Insurance Regulation v. Florida Department of Financial Services, ___ So. 3d ___, 40 Fla. L. Weekly D638 (Fla. 1st DCA March 12, 2015)

The Florida Department of Financial Services (DFS), as the receiver of three insolvent insurance companies, sued an accounting firm for failing to prepare accurate financial statements. The Department alleged that if the Office … Click To Read Full Case Law Review...