31 Fla. L. Weekly D3164c
943 So. 2d 823
Insurance — Homeowners — Valued Policy Law — Question certified: Does section 627.702(1), Florida Statutes (2004), referred to as the valued policy law, require an insurance carrier to pay the face amount of the policy to an owner of a building deemed a total loss when the building is damaged in part by a covered peril but is significantly damaged by an excluded peril?
Quashed at 32 Fla. L. Weekly S564a. Question answered in the negative.
FLORIDA FARM BUREAU CASUALTY INSURANCE CO., Appellant, v. EUGENE A. COX and DEBRA COX, Appellees. 1st District. Case No. 1D05-4111. Opinion filed December 15, 2006. An appeal from the Circuit Court for Santa Rosa County. R. V. Swanson, Judge. Counsel: Mark J. Upton of Daniell, Upton, Perry & Morris, P.C., Daphne, AL, Elliot H. Scherker, Elliot B. Kula, of Greenberg Traurig, P.A., for Appellant. Gregory M. Shoemaker of Schofield, Wade, Roane & Shoemaker, P.A., Pensacola and Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Appellees. Charles F. Beall, Jr. of Moore, Hill & Westmoreland, P.A., Pensacola, for Amicus Curiae Helping Hands Legal Center.ON APPELLANT’S MOTION FOR REHEARING,MOTION FOR REHEARING EN BANC,AND/OR MOTION FOR CERTIFICATION[Original Opinion at 31 Fla. L. Weekly D2679a]
(PER CURIAM.) Appellant’s motion is granted to the extent that we certify the following question to the Florida Supreme Court as a question of great public importance:
DOES SECTION 627.702(1), FLORIDA STATUTES (2004), REFERRED TO AS THE VALUED POLICY LAW, REQUIRE AN INSURANCE CARRIER TO PAY THE FACE AMOUNT OF THE POLICY TO AN OWNER OF A BUILDING DEEMED A TOTAL LOSS WHEN THE BUILDING IS DAMAGED IN PART BY A COVERED PERIL BUT IS SIGNIFICANTLY DAMAGED BY AN EXCLUDED PERIL?
The motion is otherwise denied. (BENTON, POLSTON, and THOMAS, JJ., CONCUR.)
