2001

26 Fla. L. Weekly D390a

Insurance — Homeowners — Appraisal — Where homeowners filed claim for damage to home allegedly caused by blasting, a covered peril, and insurer denied claim on ground that damage was caused by settling of foundation, an excluded peril, and claim was submitted to appraisal, appraiser did not have authority to determine that damage was caused by settling and was not covered by policy — Question of whether loss was caused by covered peril or excluded peril was for court rather than appraiser — Conflict certified — Trial court erred in confirming appraisal award of zero — Insurer did not waive right to appraisal by failing to request appraisal prior to insureds’ filing of lawsuit — Insurer did not waive right to appraisal by participating in litigation filed by insureds

26 Fla. L. Weekly D1681a

Insurance — Appraisal — In ordering appraisal, trial court did not err in ruling that appraisal process was to be conducted as an informal one with no attorney participation, no court reporter transcription, and no quasi-judicial hearing — Appraisal and arbitration are not identical processes, and appraisal process is not governed by Florida Arbitration Code — Conflict certified — Error to order that prejudgment interest be paid from date of loss — If insured is entitled to prejudgment interest it is to be calculated from termination of sixty days after date of appraisal award because policy gave insurer sixty days after date of appraisal award within which to make payment — Error to award costs to insured where policy provides that each party is to pay appraiser it chooses and equally bear all other expenses

26 Fla. L. Weekly D455a

Insurance — Appraisal process to determine amount of losses resulting from theft and vandalism — Error to award prejudgment interest from date of last loss rather than from date of appraisal award — Date of appraisal award was date on which damages were liquidated — No error in denial of insured’s motion for appraisal costs where policy provides that each party shall pay fees for its chosen appraiser

26 Fla. L. Weekly D1637c

Insurance — Comprehensive general commercial liability — Appraisal — Court properly confirmed appraisal award for business income loss — There is no impropriety in umpire requesting parties’ respective positions to aid him in resolving differences, and umpire’s neutrality was not tainted by ex parte communications with counsel — Court properly determined that endorsement which was neither listed nor attached to policy could not form part of the policy

26 Fla. L. Weekly D1397a

Insurance — Appraisal — Automobile — Comprehensive property loss — Order compelling appraisal in action contesting insurer’s right to take “betterment” deduction under the policy — Because there is no disputed issue of fact regarding the amount of loss or the amount of the “betterment” deduction taken by insurer, but only the company’s right to take such a deduction under the policy, issue raised is based upon construction of policy language and does not fall within provision for appraisals

26 Fla. L. Weekly D1816d

Insurance — Automobile — Attorney’s fees — Where insured sued insurer after insurer had not paid claim for stolen vehicle, insurer demanded appraisal, and insurer paid award after appraisers determined amount of loss, insured was entitled to award of attorney’s fees because payment was effected by law suit — No merit to insurer’s argument that appraisal process was condition precedent to filing of suit

26 Fla. L. Weekly D368a

Insurance — Attorney’s fees — Error to award attorney’s fees to insured for services rendered during appraisal or arbitration to determine amount of loss where insurer paid award in full prior to insured having filed suit

26 Fla. L. Weekly D1815a

Insurance — Appraisal

26 Fla. L. Weekly D1194c

Appeals — Certiorari — Insurance — Personal injury protection — District court of appeal concludes that it improvidently granted certiorari to review case in which circuit court acting in its appellate capacity affirmed a county court’s erroneous ruling where petitioner was not deprived of due process in circuit court, and isolated error from which circuit court has already receded in a subsequent appeal cannot be characterized as a miscarriage of justice

26 Fla. L. Weekly S706a

Insurance — Uninsured motorist — Evidence — Appeals — In insured’s action against her uninsured motorist insurer, trial court erred in denying insured’s motion in limine seeking to exclude collateral source evidence regarding insurance and other benefits provided to insured by her employer — Where, after trial court erroneously denied insured’s motion in limine, parties stipulated that insured would have standing objection to introduction of collateral source evidence, insured did not waive trial court’s error in denying motion in limine by introducing collateral source evidence in her case-in-chief — Once a trial court makes an unequivocal ruling admitting evidence over a movant’s motion in limine, the movant’s subsequent introduction of that evidence does not constitute a waiver of the error for appellate review — Error in failing to exclude collateral source evidence was not harmless