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: 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: HOMEOWNER’S INSURANCE: SINKHOLE: ORDER REQUIRING FIGA TO SUBMIT TO APPRAISAL OF SINKHOLE CLAIM REVERSED

Florida Insurance Guaranty Association v. Rodriguez, ___ So. 3d ___, 40 Fla. L. Weekly D497 (Fla. 2d DCA February 25, 2015)

Based on its decision in Florida Insurance Guaranty Association v. de la Fuente, ___ So. 3d ___ (Fla. 2d DCA January 7, 2015), the court reversed an order requiring FIGA to submit to the appraisal of a sinkhole claim.… Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA): SINKHOLE CLAIMS AGAINST FIGA ARE NOT SUBJECT TO APPRAISAL; APPEALS: CERTIFIED QUESTIONS

Florida Insurance Guaranty Association, Inc. v. Frank, ___ So. 3d ___, 40 Fla. L. Weekly D488 (Fla. 2d DCA February 20, 2015)

Sinkhole claims against the Florida Insurance Guaranty Association (FIGA) are not subject to appraisal because Section 631.54(3)(c), Florida Statutes (2011), limits the definition of a covered claim for sinkhole loss to the amounts deemed appropriate by FIGA for … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA): APPEALS: CERTIFIED QUESTION: DOES THE AMENDMENT TO THE DEFINITION OF COVERED CLAIM APPLY TO A CLAIM MADE BEFORE THE DATE OF THE AMENDMENT BUT AFTER THE DATE OF INSOLVENCY

Florida Insurance Guaranty Association, Inc. v. Simmons, ___ So. 3d ___, 40 Fla. L. Weekly D432 (Fla. 5th DCA February 13, 2015)

The Florida Insurance Guaranty Association (FIGA) is responsible for paying the covered claims against insolvent insurers. Section 631.54(3), Florida Statutes, which defines a “covered claim,” was amended in 2011. In this case, the Fifth District Court of … Click To Read Full Case Law Review...