2014

39 Fla. L. Weekly D580b
146 So. 3d 502

Insurance — Homeowners — Sinkhole claim — Appeals — Certiorari — Insured is not entitled to certiorari review of trial court order finding that insurer is not obligated to tender payment for subsurface repairs to residence under an appraisal award until insured enters into a contract for the subsurface repairs, because insured has not demonstrated that order causes material harm that cannot be remedied on appeal

39 Fla. L. Weekly D1273c
152 So. 3d 595

Insurance — Homeowners — Sinkhole — Error to grant summary judgment in favor of insurer on homeowners’ sinkhole claim where there was material issue of fact concerning whether insureds timely reported their loss to insurer — In considering insurer’s defense of untimely notice of claim, circuit court must follow two-step analysis, which requires determining whether notice was timely given and, if untimely, whether insurer was prejudiced by untimely notice — Question whether insureds timely reported claim to insurer remains to be determined by jury in instant case — If jury determines that notice was untimely, insureds must overcome presumption of prejudice in order to prevail on insurer’s defense of untimely notice

39 Fla. L. Weekly D577a
161 So. 3d 424

Insurance — Homeowners — Sinkhole damage — Trial court improperly denied stay of breach of contract action pending completion of neutral evaluation process

39 Fla. L. Weekly D2257a
161 So. 3d 565

Insurance — Homeowners — Sinkhole claim — Breach of contract action against insurer which denied sinkhole claim after its expert determined that sinkhole was not the cause of damage to insureds’ home — Trial court erred in entering summary judgment for insurer in insureds’ breach of contract action on ground that insureds breached concealment provision of policy by withholding report of insureds’ expert, which determined that sinkhole activity caused damage to home, until after insureds filed suit — Policy did not require insureds to give report to insurer unless they had the report at the time of the claim but before insurer denied it — “Duties After Loss” provision of policy did not obligate insureds to produce documents to insurer unsolicited

39 Fla. L. Weekly D2198a
153 So. 3d 298

Insurance — Homeowners — Sinkhole claim — Appraisal — Insureds waived right to appraisal by engaging in litigation activities for almost a year after insurer acknowledged that loss was covered before demanding appraisal

39 Fla. L. Weekly D2196b
153 So. 3d 301

Insurance — Homeowners — Sinkhole claim — Appraisal — Insureds waived right to appraisal by filing breach of contract action against insurer after insurer acknowledged that a covered loss had occurred, and engaging in litigation activities for three years before demanding appraisal — Insureds acted inconsistently with their right to appraisal

39 Fla. L. Weekly D2195a
148 So. 3d 840

Insurance — Homeowners — Sinkhole claim — Appraisal — Insureds waived right to appraisal by engaging in significant litigation activities for over a year after insurer had admitted coverage before moving to compel appraisal

39 Fla. L. Weekly D2575a
154 So. 3d 422

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 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 D1762b
145 So. 3d 210

Insurance — Homeowners — Trial court did not err in entering summary judgment for insurer in insured’s action against insurer on ground that insureds breached a condition precedent to coverage by failing to submit a timely proof of loss — Insureds failed to present any evidence to rebut presumption that insurer was prejudiced by delay of almost five years in submitting sworn proof of loss