Herrera v. Tower Hill Preferred Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D2257 (Fla. 2d DCA October 29, 2014)
The insurer denied the insureds’ sinkhole claim based upon the report of an engineering firm retained by the insurer. After the denial, the insured retained their own engineering firm, which supported the insureds’ claim. Armed with the report, the insureds sued for breach of contract. When the insurer moved for summary judgment, the insureds filed their engineer’s report in opposition to the motion. The insurer responded by filing a new motion for summary judgment based upon the insureds’ concealment of their expert’s report. The trial court granted the motion, but the appellate court reversed. The insureds’ “Duties After Loss” required the insureds to cooperate in the insurer’s investigation of their claim and to provide the insurer with requested records and documents. The court held that these conditions apply if “the insurer admits liability but disputes the recovery amount. The insureds were not required to provide the insurer with reports that were prepared after the denial of their claim or to produce unrequested documents.