2014

39 Fla. L. Weekly D2440c
150 So. 3d 1272

Insurance — Sinkhole claim — Right to appraisal was not waived by active litigation of suit — Appraisable issues exist — Error to permit property owners to select their own attorney as disinterested appraiser

39 Fla. L. Weekly D2482a
155 So. 3d 384

Insurance — Contracts — Where insured retained public adjuster to pursue supplemental claims for losses suffered in hurricane under a retainer agreement whereby insured agreed to pay public adjuster 20% of the gross amount of the collectible loss or damage recovered “regardless of whether the loss is settled or paid by [insurer] as a result of adjustment, mediation, appraisal, arbitration, lawsuit or otherwise”; insured subsequently entered into appraisal agreement whereby appraiser agreed to act as insured’s appraiser in exchange for 20% of monies collected from insurer on supplemental claims, with insured’s combined obligations to public adjuster and appraiser capped at 20% of amount recovered and appraiser’s rights being inferior to public adjuster’s rights; and supplemental claims were settled as result of appraisal process, it was error to award 20% of settlement to appraiser — Public adjuster is entitled to 20% contingency fee under terms of public adjuster’s agreement, and appraiser is entitled to nothing under appraisal agreement

39 Fla. L. Weekly D2020a
148 So. 3d 488

Insurance — Homeowners — Sinkhole claim — Appraisal — Trial court did not err in ordering appraisal of dispute over method of repair — Method or extent of necessary repairs is within scope of “amount of loss” appraisal provision — Insureds did not waive right to demand appraisal by participating in litigation — Where policy required the selection of disinterested appraisers, it was error to allow insureds to select a partner in the law firm representing them as their appraiser

39 Fla. L. Weekly D2196a
148 So. 3d 837

Insurance — Homeowners — Sinkhole claim — Appraisal — There is no merit to insurer’s contention that trial court erred in ordering appraisal because the only dispute between parties was about method of repair rather than amount of loss — Where coverage had initially been denied, and insureds demanded appraisal three months after insurer acknowledged that insureds had suffered a covered loss, insureds did not waive right to appraisal by filing a single discovery request in the interim which did not go to the amount of loss or method of repair

39 Fla. L. Weekly D2529a
152 So. 3d 759

Insurance — Homeowners — Sinkhole claim — Appraisal — Waiver of right to appraisal — Insureds did not waive right to appraisal by failing to demand appraisal until five months after insurer admitted coverage where insureds did not aggressively litigate case after insurer admitted coverage — Filing of amended complaint to substitute Florida Insurance Guaranty Association for insolvent insurer soon after FIGA admitted coverage did not constitute waiver

39 Fla. L. Weekly D2197a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 39 Fla. L. Weekly D2575a

Insurance — Homeowners — Sinkhole claim — Appraisal — There is no merit to insurer’s contention that trial court should not have ordered appraisal because the only dispute between parties was about the method of repair rather than the amount of loss — Insureds did not waive appraisal by engaging in litigation where coverage had initially been denied, and insureds demanded appraisal less than a month after insurer acknowledged that insureds had suffered a covered sinkhole loss — Trial court did not err in compelling appraisal without an evidentiary hearing where underlying facts were undisputed

39 Fla. L. Weekly D2196a
148 So. 3d 837

Insurance — Homeowners — Sinkhole claim — Appraisal — There is no merit to insurer’s contention that trial court erred in ordering appraisal because the only dispute between parties was about method of repair rather than amount of loss — Where coverage had initially been denied, and insureds demanded appraisal three months after insurer acknowledged that insureds had suffered a covered loss, insureds did not waive right to appraisal by filing a single discovery request in the interim which did not go to the amount of loss or method of repair

39 Fla. L. Weekly D2440c
150 So. 3d 1272

Insurance — Sinkhole claim — Right to appraisal was not waived by active litigation of suit — Appraisable issues exist — Error to permit property owners to select their own attorney as disinterested appraiser

39 Fla. L. Weekly D2020a
148 So. 3d 488

Insurance — Homeowners — Sinkhole claim — Appraisal — Trial court did not err in ordering appraisal of dispute over method of repair — Method or extent of necessary repairs is within scope of “amount of loss” appraisal provision — Insureds did not waive right to demand appraisal by participating in litigation — Where policy required the selection of disinterested appraisers, it was error to allow insureds to select a partner in the law firm representing them as their appraiser

39 Fla. L. Weekly D801a
136 So. 3d 1235

Insurance — Disability — Where insured filed action against insurer alleging counts for declaratory judgment, breach of contract, promissory estoppel, and reformation after insurer denied insured’s claim under disability insurance policy, and complaint also alleged count for negligent misrepresentation against insurance agent, it was a departure from essential requirements of law for trial court to deny motion to dismiss or stay/abate claim for negligent misrepresentation — Negligent misrepresentation claim is premature where there has been no determination of coverage under policy — Proper remedy is dismissal of negligent misrepresentation claim without prejudice