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: 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: HOMEOWNERS’ INSURANCE: PREMIUMS: LOSS MITIGATION CREDITS: CLASS ACTIONS: CLASS ACTION FOR DECLARATORY RELIEF BASED UPON INSURER’S FAILURE TO HONOR FOR FIVE YEARS UNIFORM MITIGATION VERIFICATION INSPECTION FORMS: APPELLATE COURT AFFIRMS DISMISSAL BASED UPON FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; APPEALS: STANDARD OF REVIEW: ABUSE OF DISCRETION, RATHER THAN DE NOVO, STANDARD OF REVIEW APPLIES TO ORDER DISMISSING COMPLAINT FOR DECLARATORY RELIEF

Asseff v. Citizens Property Insurance, ___ So. 3d ___, 40 Fla. L. Weekly D610 (Fla. 1st DCA March 10, 2015)

Although Uniform Mitigation Verification Inspection Forms provide that they are valid for a period of five years unless material changes have been made to the structure, the plaintiffs’ insurer conducted its own inspections of their homes before five years … 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...