19 Fla. L. Weekly Supp. 667a
Online Reference: FLWSUPP 1908CHERInsurance — Automobile — Affirmative defenses — Reservation of defenses — Provision of claims administration statute requiring insurer to make written reservation of defenses does not apply to first party property damage claim against insurer
WINSTON CHERRY, Plaintiff, vs. OMNI INDEMNITY COMPANY, A FOREIGN CORPORATION, Defendants. County Court, 10th Judicial Circuit in and for Polk County. Case No. 53-2011CC-000149-0000-00. February 14, 2012. Honorable Robert G. Fegers, Judge. Counsel: Charles Parker, Orlando, for Plaintiff. Louis D. Kaye, Allen, Kopet and Associates, PLLC, Winter Park, for Defendant.
ORDER DENYING PLAINTIFF’S MOTIONFOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE came on to be heard on January 9, 2012, upon the Plaintiff’s Motion for Partial Summary Judgment; it is hereby ORDERED and ADJUDGED as follows:
1. This is a suit by Winston Cherry, an Insured of the Defendant, Omni Indemnity Company, for recovery of property damage to Cherry’s vehicle due to a purported theft and arson.
2. Plaintiff moved for partial summary judgment for the Defendant’s purported failure to comply pursuant to F.S. § 627.426 and failure to timely serve the Plaintiff with a reservation of rights letter.
3. Based upon State Farm Mutual Insurance Company v. Sternberg, 699 So. 2d 345 (5th DCA 1997) [22 Fla. L. Weekly D431a] and Union General Insurance Company v. Lorenzo, 598 So. 2d 161 (Fla. 3d DCA 1992), and the language of F.S. § 627.426, this Court holds that F.S. § 627.426 does not apply to the first party property damage claims against an insurer. The insurer is therefore not required to comply with the requirements of F.S. § 627.426 and any purported failure to do so would not preclude any defenses by the insurer.
4. Plaintiff’s Motion for Partial Summary Judgment as to Defendant’s first affirmative defense is therefore denied.
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