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

Case Decision Date: Reviewed by

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

Case Decision Date: Reviewed by

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

Case Decision Date: Reviewed by

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

Case Decision Date: Reviewed by

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

Case Decision Date: Reviewed by

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...