2014

39 Fla. L. Weekly D1394a
141 So. 3d 719

Insurance — Homeowners — Limitation of actions — Trial court erred in entering summary judgment for homeowners insurer in insureds’ action for breach of contract on ground that action was barred by statute of limitations — Statute of limitations did not begin to run at time insurer sent letter to insureds stating that damages fell below policy’s deductible where letter did not clearly deny claim and invited insureds to submit any additional damages discovered to insurer

39 Fla. L. Weekly D1421a
147 So. 3d 566

Insurance — Homeowners — Property damage from hurricane — Limitation of actions — Error to dismiss with prejudice homeowner’s complaint against insurer alleging breach of property insurance contract on ground that claim was barred by statute of limitations and on ground that insured failed to comply with notice of loss provision of contract — Statute providing that limitations period in action for breach of property insurance contract begins running from date of loss does not apply retroactively — Whether insured failed to comply with notice of loss provision in contract was matter outside four corners of complaint and, accordingly, was not proper basis for dismissal

39 Fla. L. Weekly D162a
129 So. 3d 1179

Insurance — Homeowners — Liability — Dog bite — Trial court erred in concluding that only one “occurrence” under homeowner’s policy took place when dog bit child and, after releasing child from her mouth, bit mother, who had run into room in response to child’s screams — Ambiguous occurrence language in policy construed as meaning each separate dog bite that resulted in a separate injury to a separate victim was a separate occurrence

39 Fla. L. Weekly D297a
133 So. 3d 1114

Insurance — Homeowners — Limitation of actions — Trial court erred in entering summary judgment finding that insured’s breach of contract action was barred by statute of limitations — Breach of contract claim did not accrue at time insurer made payments on initial claim without noting that payment was full and final payment, but rather at later date when insured’s additional claim was submitted to insurer, but not adjusted or paid

39 Fla. L. Weekly D629a
137 So. 3d 500

Insurance — Homeowners — Water damage as result of roof leak — Appraisal — Error to grant insureds’ motion to compel appraisal without first resolving underlying coverage disputes in procedurally proper manner — To extent trial court’s order found coverage for loss, that ruling was not supported by competent evidence

39 Fla. L. Weekly D780a
135 So. 3d 578

Insurance — Homeowners — Action by homeowners insurer against contractor who performed renovations to home after a fire, alleging that defendant negligently installed a built-in coffee maker in the home, which resulted in severe water damage — Error to enter summary judgment for defendant where there were disputed issues of fact

39 Fla. L. Weekly S75a
133 So. 3d 494

Insurance — General liability — Self-insured retention — Under terms of policy, insured could properly apply indemnification payments received from a third party toward satisfaction of its self-insured retention — Subrogation — Transfer of rights provision in policy did not abrogate made whole doctrine — Insured has priority to receive any indemnification before insurer

39 Fla. L. Weekly D1819a
146 So. 3d 1207

Insurance — Homeowners — Insolvent insurer — Miami-Dade County Circuit Court erred in vacating order substituting Florida Insurance Guaranty Association for insolvent insurer and staying case to allow insured to proceed with any actions with Circuit Court of Leon County which had entered consent order appointing Florida Department of Financial Services as receiver for purpose of liquidating insurer — When an insurer becomes insolvent, FIGA is deemed the insurer to the extent of covered claims and is amenable to suit in connection with any unpaid claims

39 Fla. L. Weekly D2134a
153 So. 3d 936

Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — Limitation of actions — Trial court properly entered summary judgment for FIGA in insureds’ breach of contract and declaratory judgment action on ground that action was barred by one-year statute of limitations

39 Fla. L. Weekly D1002a
140 So. 3d 1023

Insurance — Homeowners — Florida Insurance Guaranty Association — Covered claims — Scope of FIGA’s liability is properly determined by statutory definition of “covered claim” in effect at time insurer is adjudicated insolvent, rather than time when policy was executed or when loss occurred — Under more restrictive statutory definition of “covered claim” when insurer was declared insolvent, FIGA was required to pay for sinkhole damage only to the contractor who performed repairs, and not directly to policyholder