My clients sustained a fire loss at their home. The fire, smoke and water also significantly damaged their personal property. As a result, they were out of the house for quite a while and incurred additional living expenses. The claim was submitted to their homeowners insurance company for payment. The insurance company has paid some … Continue Reading
In The Florida Insurance Guaranty Association, Inc. v. Shadow Wood Condominium Association, ____ So.3d ____ (Fla. 4th DCA December 2, 2009), FIGA moved for appraisal of a condo claim. The insured argued that FIGA’s predecessor waived its right to demand appraisal by failing to provide the insured notice of the state sponsored mediation program pursuant to 627.7015(2). Subsection … Continue Reading
In State Farm Florida Insurance Company v. Nichols, ____ So.3d ____ (Fla. 5th DCA November 6, 2009), the insured homeowners submitted a claim to State Farm for sinkhole damage. The amount of the loss was settled by appraisal. Although the appraisal awarded an amount for subsurface sinkhole repairs, State Farm refused to pay for the … Continue Reading
In State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc., ____ So.3d ____ (Fla. 3rd DCA October 14, 2009) a group of condos was damaged by Hurricane Wilma. Seville submitted the claim to State Farm. Seville presented an estimate of damage in excess of $4.6 million. State Farm initially paid a total of $90,564.62 on the … Continue Reading
In Florida Insurance Guaranty Association, Inc. v. Castilla, ____ So.3d. ____, (Fla. 4th DCA September 30, 2009), the insureds submitted a Hurricane Wilma claim to their homeowners insurer. The insurer paid a portion of the claim, and refused to pay any more. The insurer then went into liquidation at which point the claim was taken over by FIGA. The … Continue Reading
In North Pointe Insurance Company v. Thomas, _____ So.3rd _____ (Fla. 3rd DCA August 26, 2009), the insured homeowners filed a claim with their homeowner’s carrier for damage to a tile floor caused when a pot was dropped on the floor. The insurer denied the claim. The insureds hired counsel who filed a Petition to … Continue Reading
In Citizens Property Insurance Corporation v. Cuban-Hebrew Congregation of Miami, Inc., 34 FLW D333 (Fla. 3rd DCA February 11, 2009), the insured property was damaged by wind, and Citizens paid what it believed was the appropriate amount under its policy. Thereafter, the insured filed suit against Citizens for breach of the insurance contract for underpaying the claim. The trial court … Continue Reading
My client, a water extraction and mold remediation company, performed services for a homeowner insured under a State Farm Florida insurance policy. State Farm refused to pay the entire bill, and in accordance with Florida Statute Section 627.7015, Fla. Stat., offered our client the opportunity to participate in the state sponsored mediation program. My client accepted … Continue Reading
The courts continue to award attorneys fees as the result of appraisal, even upon timely payment of the appraisal award by the insurer. On November 19, 2008, the Third District Court of Appeal issued its opinion in Holder v. State Farm Insurance Company. After the insured suffered hurricane damage, the State Farm adjuster offered (and non-binding mediation … Continue Reading
On September 26, 2008, the 5th DCA clarified an important point regarding the appraisal process. In Wroe v. Amica Mutual Insurance Company, the insured owner of a vehicle sued his own insurance company under his collision coverage. The insured was looking to force the insurance company to pay for repairs to his vehicle after an accident. The case was referred … Continue Reading
The Martin County Circuit Court recently decided that an insurer did not waive the “binding appraisal” provision of its policy by disputing coverage and by not requiring appraisal until after suit was filed. Further, although the claim involved a hurricane claim, the court determined that waiver under Section 627.7015 did not apply, since the policy at issue … Continue Reading
When insureds are forced to sue their insurance company in order to receive benefits (not attorneys fees and costs), any payment of insurance policy proceeds by the insurance company should act as a confession of judgment, entitling the insured to properly pled attorney’s fees.In Jerkins v. USF & G Specialty Ins. Co., 2008 WL 678667, 33 … Continue Reading
Wilson v. Federated Nat’l Ins. Co., 2007 WL 3355118 (Fla. 2nd DCA Nov. 17, 2007) Like First Floridian v. Myrick, posted on November 9, 2007, this case is another good case for insureds and their lawyers who fight for insurance proceeds which are due under an insurance policy. Importantly, along with Myrick, Travelers Indem. Ins. Co. … Continue Reading
A Florida insurance company may not invoke the appraisal clause of its insurance policy if it has not timely advised its insured of the right to mediate the dispute. In Sierra v. Citizen’s Property Insurance Company, a case decided by the district Court in Miami-Dade County (Case No. 06-22196CA-20), the insured sent correspondence to its … Continue Reading
