23 Fla. L. Weekly Supp. 218b
Online Reference: FLWSUPP 2303GOODInsurance — Condominium unit — Appraisal — Assignee — Trial court did not err in allowing post-loss assignee, who was not party to insurance contract, to participate in appraisal process
STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. RESTORATION 1 OF THE TREASURE COAST, INC. a/a/o FLORENCE GOODISON, Appellee. Circuit Court, 19th Judicial Circuit (Appellate) in and for Martin County. Case No. 14-AP-3. L.T. Case No. 13-CC-1449. October 15, 2014. Appeal from the County Court for Martin County; Darren Steele, Judge. Counsel: Christopher Bailey, Russo Appellate Firm, P.A., Miami, for appellant. Susan Fox, Fox & Loquasto, P.A., Orlando, for appellee.
(BRYANT, J., Acting Circuit Judge.) The Appellant (“State Farm”) issued Florence Goodison a condominium unit owner’s insurance policy. Four days later, her unit was damaged in a water event, so she contacted the Appellee for emergency repair services. In exchange, Goodison agreed to assign her benefit rights to the Appellee. The Appellee submitted a claim to State Farm for $6,594.91, and State Farm paid $2,926.63; both Goodison and the Appellee’s names were on the check. The Appellee filed a two count complaint for breach of contract and declaratory relief. State Farm moved to dismiss it or, in the alternative, abate the action pending completion of an appraisal. The trial court held a hearing on State Farm’s motion on March 5, 2014, and it denied the motion to dismiss. It ordered the action to be abated until the appraisal is completed, and it allowed Goodison to participate in the appraisal. If the parties could not resolve the matter through the appraisal, the trial court ordered them to mediation.
This appeal of a non-final order follows. We address only the trial court’s non-final order requiring Appellant to go to appraisal with Appellee.
The standard of review applicable to a trial court’s order compelling an appraisal under an insurance policy is de novo. Citizens Property Ins. Corp. v. Demetrescu, 137 So. 3d 500, 502 (Fla. 4th DCA 2014) [39 Fla. L. Weekly D629a].
State Farm argues that the trial court improperly ordered it to attend an appraisal with the Appellee because the Appellee is not a party to the insurance policy. It asserts that Goodison was free to assign her insurance benefits, but she was not permitted to assign her insurance duties. State Farm states that it invoked its appraisal rights in a September 3, 2013 letter that accompanied payment:
Should there be a disagreement with our payment for the covered damages to your home and you do not elect the option to demand mediation, we demand appraisal to resolve the issue of the amount of loss. This demand is made of you as the policyholder/named insured. . .
State Farm relies on Citizens Property Ins. Corp. v. Ifergane, where an ex-wife validly assigned her property and insurance rights to her ex-husband in a martial settlement agreement. 114 So. 3d 190 (Fla. 3d DCA 2012) [37 Fla. L. Weekly D2205a]. When the property sustained damage in Hurricane Wilma, the ex-husband submitted an insurance claim, Citizens made a payment, and the ex-husband demanded appraisal. Id. at 193. Citizens filed a declaratory action, and the ex-wife moved to be dismissed from it. Id. The Third District found that the ex-wife was properly dismissed from the action because she had no interest in the subject matter of the complaint and had freely assigned her interest in the property to the ex-husband. Id. at 195. Further, it stated that “post-loss insurance claims are freely assignable without the consent of the insurer. Id. (quoting Lexington Ins. Co. v. Simkins Indus., Inc., 704 So. 2d 1384 (Fla. 1998) [23 Fla. L. Weekly S41a]. Citizens demanded that the ex-wife sit for an examination under oath (EUO) to determine the amount of the claim, and she refused. Id. at 193. The Third District stated that although she assigned her benefits to her ex-husband, she did not assign her obligations, and an EUO is a condition precedent to coverage. Id. at 197; see also Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300, 304 (Fla. 4th DCA 1995) [20 Fla. L. Weekly D1844a].
The instant case is distinguishable from Ifergane. Appraisal is not a condition precedent to coverage; in fact, State Farm acknowledged the right to coverage when it sent Goodison/the Appellee a check on September 3, 2013. State Farm’s demand for appraisal specifically states that it is seeking to “resolve the issue of the amount of loss.” Since post-loss claims are assignable and State Farm is not disputing the assignment of Goodison’s claim to the Appellee, the Appellee is entitled to participate in the appraisal process.
The Appellee filed a motion for appellate attorney’s fees. Appellate attorney’s fees can be awarded if authorized by contract or statute. Brass & Singer, P.A. v. United Auto. Ins. Co., 944 So. 2d 252, 254 (Fla. 2006) [31 Fla. L. Weekly S762a]. Pursuant to Fla. R. App. P. 9.400, a party must specify the statutory, contractual, or substantive basis for an award. Id. The Appellee cites §627.428(1), Florida Statutes (2013) as the basis for the award:
Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had.
(Emphasis added). Since the Appellee is the prevailing party, we grant its motion for appellate attorney’s fees. We remand to the trial court for a determination of the correct amount.
Affirmed. (BELANGER AND SCHWAB, JJ., concur.)
