2011

36 Fla. L. Weekly D484a
59 So. 3d 177

Insurance — Commercial property — Appraisal — Trial court erred in granting insureds’ motion to compel appraisal where there was factual dispute as to whether insureds had complied with policy’s post-loss provisions

36 Fla. L. Weekly D51b
51 So. 3d 591

Insurance — Homeowners — Appraisal — Error to grant insured’s motion to compel appraisal where insurer asserted that insured failed to comply with policy’s post-loss conditions — Remand for evidentiary hearing

36 Fla. L. Weekly D2298a
72 So. 3d 286

Insurance — Property insurance — Trial court erred in confirming appraisal award after it had already been paid — Insured not entitled to award of attorney’s fees and interest on appraisal award — Trial court cannot confirm appraisal award that has already been paid and thereby create basis for award of attorney’s fees — Failure to comply with section 627.70131(5)(a), which sets forth time frames for payment of property claims, cannot form sole basis for private cause of action, and no independent cause of action exists to award statutory interest under section 627.70131(5)(a)

36 Fla. L. Weekly D2692a
76 So. 3d 34

Insurance — Homeowners — Appraisal — There is no rule or statute allowing for the filing of a petition to confirm an appraisal award — Trial court erred in granting petition to confirm and entering final judgment pursuant to appraisal award — Remand with instructions to allow insureds to file complaint alleging viable cause of action for insurer’s failure to pay loss for ordinance and law coverage

36 Fla. L. Weekly D1091d
60 So. 3d 592

Insurance — Appraisal — Compliance with post-loss requirements

36 Fla. L. Weekly D2705d
81 So. 3d 482

Insurance — Homeowners — Appraisal — Losses suffered in burglary — Trial court did not err in confirming appraisal award without reducing award by applying policy limitations for loss of certain property — Trial court cannot properly hold a hearing and consider extrinsic evidence to discern the value of each individual item to which limitations could be applied

36 Fla. L. Weekly D1119a
82 So. 3d 855

Torts — Limitation of actions — Action against insurance agents alleging negligence and breach of fiduciary duty for failing to obtain liability coverage for plaintiffs’ assignor — Error to dismiss action on ground that statute of limitations period expired before plaintiffs sued agents — Considering allegations appearing on face of amended complaint, damages to assignor occurred, at the earliest, when assignor and its employee, having no insurer to defend them, were forced to defend themselves against plaintiffs’ claims, not on earlier date when assignor first discovered that it lacked coverage

36 Fla. L. Weekly D1558a
74 So. 3d 105

Insurance — Hurricane damage to condominium — Bad faith — Certiorari — Insurer’s petition for writ of certiorari, seeking quashal of circuit court orders that allowed insured to amend complaint to add bad faith and punitive damages claims after appraisal award had been confirmed but before entry of final judgment on policy-phase issues — Petition for writ of certiorari denied where insurer did not establish irreparable, material harm, a threshold requirement for issuance of writ of certiorari — Order permitting amendment to add an allegedly premature bad faith claim does not satisfy irreparable harm requirement for certiorari — Court recedes from decisions which have granted a petition for writ of certiorari when irreparable harm seems possible rather than imminent and which have broadly held that certiorari is available to challenge a premature bad faith claim or premature bad faith discovery

36 Fla. L. Weekly D2751a
77 So. 3d 772

Insurance — Credit life — Denial of application — No error in granting summary judgment to insurer finding that insurance application was not ambiguous and that there was no insurance contract between insurer and applicant where the language of the application made it unambiguously clear that it was not a contract, and disclosure signed by applicants clearly stated there would be no coverage until the application was approved, which it was not

36 Fla. L. Weekly D346a
53 So. 3d 410

Torts — Insurance agents — No error in dismissing action against insurance agent and insurance agency claiming negligent misrepresentation, negligence, and vicarious liability based on failure to procure uninsured motorist coverage — Execution of a form rejecting UM coverage absolves insurance agency and its agent of liability for negligently failing to procure UM coverage — Under applicable statute, signed form created conclusive presumption that there was informed, knowing acceptance of policy’s limitations, and this presumption applies not only in case against insurance company for coverage, but also against insurance agency and its agent