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 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?

To read more briefs in the Insurance: Homeowner’s Insurance category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/insurance/homeowners-insurance/.

To read more briefs in the Insurance: Sinkhole category, please click here,  http://www.kashilawletter.com/category/insurance/sinkhole/.

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To read more briefs in the Appeals: Certified Question category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/appeals/certified-question/.