2010

35 Fla. L. Weekly D1041a
35 So. 3d 956

Insurance — Homeowners — Attorney’s fees — Breach of contract action where basic insurance claim was resolved by appraisal — If insured filed suit in good faith in order to force insurer to adjust her claim, insured is entitled to attorney’s fees — If insured filed suit as an effort to seek attorney’s fees for the normal process of adjusting the claim, she is not entitled to attorney’s fees

35 Fla. L. Weekly D624b
32 So. 3d 163

Insurance — Uninsured motorist — Attorney’s fees — Order awarding insured attorney’s fees in uninsured motorist coverage action, contingent upon court’s finding insurer liable on amended claim of bad faith, was a non-final, non-appealable order — Insured is not entitled to conditional award of appellate attorney’s fees under offer of judgment statute where net judgment on coverage claim did not rise to level necessary to entitle insured to recover fees — Trial court’s decision to allow bad faith claim in supplemental proceeding, rather than as a separate action, cannot revive insured’s claim for attorney’s fees under his demand for settlement — Insured is not entitled to conditional award of appellate attorney’s fees under bad faith statute because appeal was from initial action, not from subsequent bad faith action

35 Fla. L. Weekly D2276b
47 So. 3d 868

Insurance — Title — Error to grant summary judgment of coverage forfeiture in favor of title insurer on ground that insureds breached their contractual duty to cooperate and assist in defense of complaint filed against insureds based on violation of duly recorded easement which was not mentioned in title insurance commitments provided to insureds — Disputed issues of material fact existed as to whether insurer reconsidered or reversed its initial no-coverage position and, if so, whether insurer notified insureds of the change in its position prior to insureds’ filing their third-party complaint against insurer; and whether counsel hired by insurer was hired on behalf of the insureds and whether insureds were aware that counsel had been hired to represent their interests

35 Fla. L. Weekly D2586a
48 So. 3d 188

Insurance — Homeowners policy issued to condominium association — Appraisal — Demand for appraisal was premature where insured had failed to provide certain records requested by insurer and had failed to provide insurer’s loss consultant reasonable rights of access to, and inspection of, property damage detailed in claim — Error to grant insured’s motion to compel appraisal

35 Fla. L. Weekly D2369a
46 So. 3d 177

Insurance — Appraisal — Error to grant insured’s motion to compel appraisal before court resolved underlying coverage dispute — Conflict certified — Insurer did not waive right to deny coverage by failing to deny coverage before suit was filed

35 Fla. L. Weekly D802a
36 So. 3d 704

Insurance — Appraisal — Hail storm damage to insured apartment complex — Trial court erred in denying portion of insurer’s motion to compel appraisal on ground that demand was untimely, where policy did not set forth a time limit for demanding appraisal — Trial court erred in granting appraisal of items that had not been adjusted

35 Fla. L. Weekly D289a
28 So. 3d 129

Insurance — Homeowners — Appraisal — Finding that homeowners were entitled to an appraisal pursuant to a homeowners’ insurance policy was premature where parties disputed whether the claimed losses were covered by the policy and whether insureds complied with policy or whether their compliance with policy terms was necessary or sufficient

35 Fla. L. Weekly D1117b
34 So. 3d 791

Insurance — Property insurance — Coverage — Insolvent insurer — Florida Insurance Guaranty Association — Trial court erred by entering final judgment in favor of insured and awarding insured the amount set forth in appraisal, less deductibles, without first determining FIGA’s liability as to the coverage claims contested in FIGA’s affirmative defenses — FIGA could contest part of liability without challenging coverage as a whole, and appraisal award itself indicated the amount could change, as the award was made without consideration of the policy’s provisions of coverage

35 Fla. L. Weekly D2059a

Insurance — Automobile — Appraisal — Attorney’s fees — Where insurer demanded appraisal of stolen vehicle, and insured failed to comply with appraisal clause but filed suit prematurely, insured was not entitled to award of attorney’s fees for that phase of trial court proceedings — Where insurer failed to pay appraisal award, insured filed motion to enter judgment in accordance with the award, and insurer paid amount of award before motion was ruled on, insured was entitled to award of attorney’s fees for that phase of proceedings — It was error to award a 2.5 multiplier where there was no question from the outset that insured would recover some amount — Interest — It was error to award prejudgment interest from date of theft of insured automobile — Interest should have been awarded from date of appraisal award

35 Fla. L. Weekly D2394a
47 So. 3d 890

Insurance — Homeowners — Attorney’s fees — Appraisal — No fees were awardable for portion of case where parties were unable to agree on an umpire, and insurer filed petition for selection of neutral umpire — Insureds were entitled to award of attorney’s fees for successfully defeating insurer’s request that trial court direct umpire to provide an itemized appraisal