INSURANCE: WINDSTORM: APPRAISAL: CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR INSURER AFFIRMED IN ACTION TO COMPEL APPRAISAL BECAUSE TRIAL JUDGE WAS JUSTIFIED IN IMPLIEDLY FINDING THAT INSURED FAILED TO PROVIDE INSURER WITH SUFFICIENTLY DETAILED ESTIMATES BEFORE FILING SUIT, INSURER SUBMITTED TO APPRAISAL AFTER DETAILED ESTIMATES WERE PROVIDED, INSURER PAID APPRAISAL AWARD FOR DAMAGE TO BUILDING, AND THERE WAS NO EVIDENCE THAT ORDINANCE AND LAW DAMAGES HAD BEEN INCURRED: DECISION WAS WITHOUT PREJUDICE TO SEEK INCURRED ORDINANCE AND LAW DAMAGES

Pedersen v. Citizens Property Insurance Corporation, ___ So. 3d ___, 40 Fla. L. Weekly D341 (Fla. 4th DCA February 4, 2015)

When the parties were unable to agree on the amount of the insured’s windstorm loss, she demanded appraisal, but the insurer protested because it had not been provided with detailed estimates of the damage.  The insured filed an action to compel appraisal, the trial court ordered her to provide the insurer with detailed estimates, the insured complied with the order, an appraisal was performed, the appraiser made a monetary award for structural damage and ordinance and law damage, if incurred, and the insurer paid the award for structural damage.  The trial court granted the insurer’s motion for summary judgment, and the appellate court affirmed because the trial court was justified in impliedly finding that the insured failed to comply with her post loss obligations by providing sufficiently detailed estimates, appraisal had been performed, the award of structural damages had been paid, there was no evidence of incurred ordinance and law damages, and “nothing remained to be done.”  The court stated that its holding was without prejudice to the insured to seek incurred ordinance and law damages.  Judge Lindsey concurred in Judge Stevenson’s majority opinion, and Judge Warner specially concurred.

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