On August 31, 2009, I posted on a 3rd DCA case where the DCA allowed prejudgment interest from the date of loss. In that case, the insurer had denied coverage. In Sunshine State Insurance Company v. Davide, ___ So.3d. ___ (Fla. 3rd DCA July 15, 2009), the 3rd DCA ruled that the insured was not entitled to prejudgment interest from the date of loss where there was simply a dispute concerning the amount of the loss.
Where there is simply a dispute as to the amount of the loss – as opposed to a denial of coverage – the 3rd holds that prejudgment interest is calculated pursuant to the terms of the insurance policy. The loss settlement provision in the policy in Davide stated that the sums were not due until 60 days after the filing of an appraisal award; and thus, prejudgment interest could only begin running at that 60 day mark. (If the policy does not specifically state when payment from the insurer then presumably prejudgment interest will be due from the date of loss or more likely the date of breach by the insurer).