Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

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4th DCA Denies Appraisal Where Insured Not Notified of Right to Mediation

Posted in Appraisal

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

State Farm Must Pay for Subsurface Sinkhole Repairs Before Homeowners Enter into Contract for Repairs

Posted in Appraisal, Sinkhole

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

First Party Bad Faith Case Ripe Upon Confirmation of Appraisal Award

Posted in Appraisal, Bad Faith

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

4th DCA Finds FIGA Did Not Waive Right to Appraisal

Posted in Appraisal

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

3rd DCA Affirms Attorneys Fees After Appraisal

Posted in Appraisal, Attorney's fees

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

Insurer Not Entitled to Appraisal After Unsuccessful Mediation Pursuant to Section 627.7015, Fla. Stat.

Posted in Appraisal, Homeowners Insurance

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

Third District Awards Attorney’s Fees for Appraisal Win

Posted in Appraisal, Attorney's fees

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

Appraisal – A Second Bite at the Apple

Posted in Appraisal

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

Coverage Dispute and Belated Request did not Waive Appraisal

Posted in Appraisal, Insurance Coverage - General

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

5th District Holds Payment of Appraisal Award is Confession of Judgment

Posted in Appraisal, Attorney's fees

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,… Continue Reading

It Was Error for Trial Court Not to Confirm Appraisal and Enter Judgment for Insured

Posted in Appraisal

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