2012

37 Fla. L. Weekly D1446a
95 So. 3d 285

Insurance — Homeowners — Hurricane damage — Notice to insurer — Trial court erred in determining that there was no genuine issue of material fact as to whether insurer was prejudiced by notice given by insureds of property damage caused by hurricane three years earlier — Affidavits of engineer and public adjuster indicating that recent inspection of roof revealed classic pattern of wind damage which, within reasonable engineering probability, resulted from hurricane, that this pattern of damage would have been evident upon inspection by insurer, and that insurer’s investigator had stated that there appeared to be storm damage to the insureds’ roof were sufficient to create issues of material fact as to whether insureds could overcome presumption of prejudice arising from late notice provided to insurer — Insurance investigator’s statement to public adjuster was not inadmissible hearsay, but was admissible as a vicarious admission of insurer — Moreover, statement was not offered to prove truth of matter asserted, but to prove that insurer had opportunity to observe roof damage caused by hurricane, despite late notice

37 Fla. L. Weekly D2339a
99 So. 3d 973

Insurance — Homeowners — Hurricane damage — Notice to insurer — No error in entering summary judgment in favor of insurer finding that insureds’ filing of a claim more that three and a half years after the purported date of loss prejudiced insurer and relieved it of its duty to provide coverage — Affidavits of contractor and engineer, which named the hurricane as the cause of damage to insureds’ home and stated that this was no prejudice to insureds, were inconsistent with contractor’s and engineer’s prior deposition testimony, and therefore, insureds were not entitled to rely upon the affidavits in opposing summary judgment — Without the affidavits, insureds failed to meet burden of proving lack of prejudice

37 Fla. L. Weekly D104b
83 So. 3d 863

Insurance — Homeowners — Civil procedure — Discovery — Home inspection reports — Discovery order requiring insurer to produce all home inspection reports that inspecting firm generated for insurer throughout the country for three-year period preceding firm’s inspection of insured’s home, was overly broad and unduly burdensome — Certiorari granted

37 Fla. L. Weekly D1534a
95 So. 3d 290

Insurance — Homeowners — Water damage — Trial court erred in awarding insured amount in excess of one million dollars for water damage sustained following a water pipe rupture where policy endorsement limited coverage for water damage to $25,000

37 Fla. L. Weekly D1550c
90 So. 3d 374

Insurance — Homeowners — Supplemental coverage — “Law and ordinance” coverage

37 Fla. L. Weekly D1402a
91 So. 3d 187

Insurance — Homeowners — Wind damage — Examination under oath — Under plain language of insurance contract between parties, which allowed insurer to require insured to submit to examination under oath “while not in the presence of any other ‘insured,’ ” insured was not prohibited from having his public adjuster present during the insured’s examination under oath

37 Fla. L. Weekly D2544a
127 So. 3d 536
Insurance — Homeowners — Coverage — Home furnishings — Damage and loss occurring during policy period — Error to grant summary judgment in favor of insurer on ground that insureds could not prove damage and loss occurred during policy term where disputed issues of fact existed as to whether damage to property occurred during process of returning goods from moving and storage company’s warehouse to the insureds, which occurred during policy period — Affidavits and testimony of manager of moving company showed unbroken chain of custody of property in an undamaged condition until it was delivered to insureds’ home within the policy period, and this was sufficient to create inference in favor of insureds — Affidavits of moving company’s employees complied with requirements of rule where affiants participated in the moving of the furnishings and based their affidavits on their personal knowledge — Moreover, where affidavits used term “belief,” they did so in manner that actually expressed personal knowledge — Remand for further proceedings

37 Fla. L. Weekly D571a
82 So. 3d 159

Insurance — Homeowners — Attorney’s fees — Prevailing party — Error to deny insureds’ motion for attorney’s fees pursuant to section 627.428 where insurer’s payments made after suit was filed were tantamount to confessions of judgment entitling the insureds to attorney’s fees, and lawsuit served a legitimate purpose because it motivated the insurer to pay not only the amount of the appraisal award, but additional living expenses incurred as well

37 Fla. L. Weekly D2631c
104 So. 3d 1115

Insurance — Homeowners — Hurricane damage — Appraisal — Where insured requested mediation, but parties could not reach an agreement, insurer was entitled to pursue appraisal — Trial court erred in granting partial summary judgment in favor of insured and in denying insurer’s motion to compel appraisal — Reliance on administrative rule which states that if an insured chooses not to participate in mediation or if the mediation is unsuccessful, the insured may choose to proceed under appraisal process set forth in insurance policy, by litigation, or by any other dispute resolution procedure available under Florida law, was in error, as rule improperly modifies and expands statute by providing the insured with an option to resolve disputed property insurance claims not envisioned by statute

37 Fla. L. Weekly D712b
84 So. 3d 390

Insurance — Homeowners — Mediation — Appraisal — Appeals — Mediation requested by insured — Second-tier certiorari review of order denying insurer’s motion to compel appraisal finding that insurer had waived the appraisal process by participating in unsuccessful mediation — Error for lower courts to rely upon administrative rule implementing section 627.7017, Florida Statutes, because rule improperly expanded scope of the statute by stating that insured could choose to proceed by litigation when parties are unsuccessful at mediation — Statute only contemplates waiver of appraisal by insurer if insurer failed to notify claimant of its right to participate in mediation program, or if insurer requests meditation which is unsuccessful, neither of which was present in this case