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 noticing their case for trial during that period. FIGA may not be required to submit to appraisal of sinkhole claims because it is limited by statute to making payment for the actual cost of repairs. The Second District Court of Appeal certified to the Florida Supreme Court two questions of great public importance: (1) Does the amended definition of covered claim apply if the policy was issued before the amendment but the insurer became insolvent after the amendment, and (2) Are sinkhole claims against FIGA subject to appraisal?
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