24 Fla. L. Weekly Supp. 85a
Online Reference: FLWSUPP 2401PILLInsurance — Homeowners — Appraisal — Assignee, who was not party to insurance contract, is entitled to participate in appraisal process — Insured may participate in appraisal process, but is not compelled to do so — Litigation is stayed pending appraisal
UNITED WATER RESTORATION GROUP, INC. a/a/o JOHN PILLOT, Plaintiff, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County, Small Claims Division. Case No. 2014-SC-001906-19. June 10, 2015. Honorable James J. DeKleva, Judge. Counsel: Winston Taitt, Trujillo Vargas Ortiz Gonzalez, Attorney’s at Law, Orlando, for Plaintiff. Aboubakr Maaroufi, Mimi L. Smith & Associates, Orlando, for Defendant.
ORDER ON DEFENDANT’S MOTIONTO STAY PROCEEDINGS PENDING APPRAISALWITH NAMED INSURED
THIS MATTER having come before the Court upon Defendant State Farm Florida Insurance Company’s Motion to Stay Proceedings Pending Appraisal with Named Insured, and the Court having heard argument of counsel and being otherwise advised, finds as follows:
The facts before the Court are nearly identical to the facts in State Farm Florida Ins. Co. v. Restoration 1 of the Treasure Coast, Inc., a/a/o Goodison, No. 14-AP-3 (Fla. 19th Cir. Ct. October 15, 2014) [23 Fla. L. Weekly Supp. 218b], cert. denied, 4D14-4735 (2015). In both cases: 1) an insured’s property sustained water damage; 2) as consideration for water mitigation services the insured assigned their homeowner insurance benefits to a vendor; 3) the carrier admitted coverage and made a partial payment; and 4) the carrier requested the Court to compel appraisal with the named insured seeking to exclude the Plaintiff-assignee.
The Appellate Division in Goodison held:
Since post-loss claims are assignable and State Farm is not disputing the assignment of Goodison’s claim to [the service provider], [the service provider] is entitled to participate in the appraisal process. Id. at 3
The Defendant’s motion effectively requests two separate and distinct rulings. First, the Defendant asks the Court to stay litigation in favor of appraising the amount of loss. Second, it asks the Court to compel John Pillot, a non-party to this action, to appraisal. Even if a stay is appropriate, excluding the Plaintiff from the appraisal process is not. The Plaintiff is the party that: performed services; has a real interest1 in getting its invoice paid and is the only party with a right to make a claim for benefits related to its services. see State Farm Fire and Cas. Co. v. Ray, 556 So.2d 811,813 (Fla. 5th DCA 1990).
Moreover; an assignee of an insurance claim stands, for all intents and purposes, in the shoes of the insured. All Ways Reliable Bldg. Maintenance, Inc. v. Moore, 261 So.2d 131, 132 (Fla. 1972). As such it follows that if the Defendant is requesting appraisal with the insured the Plaintiff-assignee should be affored the opportunity to participate in any remedial mechanism to enforce its rights.
It is therefore ORDERED and ADJUDGED:
A. This action is stayed for ninety (90) days.
b. The Plaintiff-assignee is entitled to take part in the appraisal process.
C. The insured John Pillot, a non-party, may receive notice of the appraisal process and may participate.
D. Upon completion of appraisal or expiration of the stay, either party may thereafter move the court to lift the stay.
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1The party bringing the claim must be the real party in interest. The real party in interest is “the person in whom rests, by substantive law, the claim sought to be enforced” Weiss v. Johnson, 898 So.2d 1009 (Fla. 4th DCA 2005) [30 Fla. L. Weekly D680a].
