2011

36 Fla. L. Weekly D481c
56 So. 3d 94

Insurance — Homeowners — Prejudgment interest — In absence of contract provision or statute to the contrary, none of which is apparent on record before appellate court, insured is not entitled to prejudgment interest on supplemental amount of appraisal award as computed from date of loss where dispute turned on quantifying the covered loss, not the existence of coverage

36 Fla. L. Weekly D1153a
61 So. 3d 502

Insurance — Homeowners — Coverage — Trial court properly found that homeowners’ policy did not cover golf cart accident that occurred within gated community on private road near, but not on, insured’s residential property where, although private road was sole ingress and egress for homeowners in residential community and homeowners’ association was responsible for common maintenance of the roadway, individual homeowners exercised no individual control over the roadway — Private road was not used “in connection with” residence such that it fell within policy’s definition of insured location

36 Fla. L. Weekly D1077a
62 So. 3d 678

Venue — Contracts — Action for breach of contract and declaratory relief filed against homeowners’ insurer by contractor to whom homeowners had assigned their rights to receive insurance proceeds — No abuse of discretion in granting insurer’s motion to transfer venue to county in which work was performed, insurance policy was issued, and majority of witnesses were located — With respect to contractor’s claim that it had debtor-creditor relationship with insurer, thus making county where payment was allegedly due the proper venue, debtor-creditor rule does not apply when damages are unliquidated, and amount of contractor’s recovery, if any, was required to be determined by presentation of evidence

36 Fla. L. Weekly D1269a
64 So. 3d 730

Insurance — Homeowners — Hurricane damage — Trial court properly entered summary judgment for insurer in insured’s breach of contract action where insured failed to comply with conditions precedent to payment that insured submit to examination under oath and submit documentation accurately reflecting amount of loss claimed

36 Fla. L. Weekly D1334a
63 So. 3d 914

Insurance — Homeowners — Hurricane damage — Insolvent insurers — Florida Insurance Guaranty Association — Action by assignees who purchased home and later discovered leaky roof which was attributed to hurricane damage which was sustained before plaintiffs purchased home from assignors and not previously reported to insurer — Trial court properly entered judgment in favor of FIGA on ground that, as matter of law, notice to insurer of a claim of loss more than two years and two months after loss occurred was not prompt notice, and that the untimely reporting of the loss violated insurance policy and was sufficient to bar the claim — Plaintiffs did not receive any claims through previous owners’ assignment because there were no claims timely made by the previous owners to assign — Proposal for settlement — Trial court did not err in denying plaintiffs’ motion to compel enforcement of FIGA’s proposal for settlement, which plaintiffs attempted to accept after entry of final summary judgment

36 Fla. L. Weekly D2391a
77 So. 3d 210

Insurance — Homeowners — Appraisal — Trial court erred in granting insurer’s motion to stay insured’s lawsuit against insurer pending completion of appraisal process where insurer failed to comply with requirement of notifying insured of her right to participate in mediation when an insured files a first party claim for property damage

36 Fla. L. Weekly D1125a
61 So. 3d 1241

Insurance — Homeowners — Mediation — Where an insurer fails to supply the statutorily required written notice of the right to mediate, the insured is not required to engage in a contractual loss appraisal process as a prerequisite to litigation — There is no merit to insurer’s contention that because insured was aware of mediation process in a contemporaneous, but separate claim, such knowledge obviated the need for statutory notice — There is also no merit to insurer’s contention that because insured voluntarily commenced appraisal process, insured must be bound to participate in the process through its conclusion

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 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 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