15 Fla. L. Weekly Supp. 463b
Insurance — Homeowners — Appraisal — Where insurer did not wholly deny coverage for property damage caused by hurricanes or assert that there was violation of policy conditions such as fraud, lack of notice or failure to cooperate, but instead requested that matter proceed to appraisal, court is compelled to confirm appraisal awards in their entirety
GIOVANNA PINO-SANTORO, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County, General Jurisdiction Division. Case No. 06-08527 (08). February 25, 2008. Ronald Rothschild, Judge. Counsel: Matt Hellman, Matt Hellman, P.A., Plantation, for Plaintiff. Karen Brimmer, for Defendant.
AFFIRMED at 34 Fla. L. Weekly Supp. 891c
ORDER AND FINAL JUDGMENT CONFIRMING APPRAISAL AWARD
THIS CAUSE having come on Plaintiff, GIOVANNA PINO-SANTORO’s Motion to Confirm Appraisal Award and for entry of final judgment and the court having heard the argument of counsel both pro and con and having made the following findings:
1. On June 13, 2006, Plaintiff filed the instant action for breach of contract and declaratory relief arising from Defendant’s failure to fully compensate Plaintiff under a contract for insurance for damage caused to her property by Hurricane Katrina and Hurricane Wilma.
2. On October 26, 2006, this Court granted Defendant’s Motion to Compel Appraisal and Motion to Stay.
3. On November 6, 2006, this Court denied Plaintiff’s Motion for Reconsideration of the above Order.
4. The instant action then proceeded to appraisal.
5. On or about March 12, 2007 the appraisal process was completed and appraisal awards were issued.
6. The appraisal awards totaled $224,238.15 for damage to Plaintiff’s property caused by Hurricane Katrina on August 25, 2005 and $188,540.11 for damage to Plaintiff’s property caused by Hurricane Wilma on October 24, 2005.
7. The appraisal awards were signed by Randie Labadie, Appraiser for Plaintiff and Art Newman, Umpire.
8. This court hereby finds that the cases of State Farm Fire and Casualty Company vs. Licea, 685 So. 2d 1285 (Fla. 1996), and Muckenfuss vs. Hanover Insurance Company, 2007 U.S. Dist. LEXIS 28742 (M.D. Fla. 2007) are particularly on point. Specifically, that by virtue of Defendant, Citizens Property Insurance Corporation requesting that this matter proceed to appraisal and failing to wholly deny coverage or assert that there is a violation of the usual policy conditions such as fraud, lack of notice, failure to cooperate, this Court is hereby compelled to confirm both appraisal awards in their entirety.
9. Accordingly it is hereby ordered and adjudged that Plaintiff’s Motion to confirm the appraisal awards is granted.
10. It is further adjudged that final judgment entered in favor of Plaintiff, Giovanna Pino-Santoro, 1025 Tyler Street, Hollywood, FL 33019 from Defendant Citizens Property Insurance Corporation, P.O. Box 1900, Tallahassee, FL 32302 in the sum of $224,238.15 minus payment previously made in the amount of $37,645.88 for damage to Plaintiff caused by Hurricane Katrina on August 25, 2005 and $188,540.11 minus payment previously made in the amount of $52,127.07 for damage to Plaintiff’s property caused by Hurricane Wilma on October 24, 2005, prejudgment interest from May 11, 2007 in the amount of $28,622.02, for a total sum of $351,627.33, which shall bear interest rate of eleven (11) percent a year, for which let execution issue. The court hereby specifically reserves jurisdiction to assess attorney fees and cost.
