2015

40 Fla. L. Weekly D432a
157 So. 3d 506

Insurance — Sinkhole claims — Florida Insurance Guaranty Association — Covered claims — Question certified: Does the 2011 amendment to the definition of “covered claim” in section 631.54(3), Florida Statutes (2011), apply to a sinkhole claim, where the claim was filed with the insurer prior to the date of the amendment, but after the insurer became insolvent, triggering FIGA’s obligation to pay the claim

40 Fla. L. Weekly D354c
157 So. 3d 437

Insurance — Homeowners — Sinkhole claims — Appraisal — Florida Insurance Guaranty Association — Trial court erred in requiring FIGA to participate in appraisal process — Scope of FIGA’s liability for sinkhole loss is determined by statutory definition of “covered claim” at time insurer was adjudicated insolvent rather than definition in effect when insurer issued policy — Requiring FIGA to participate in appraisal process is at odds with FIGA’s statutory mandate to pay only for the actual cost of repair for a covered sinkhole claim — Even if insured had right to an appraisal, she waived any right she had by actively litigating case for over two years

40 Fla. L. Weekly D123a
158 So. 3d 675

Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — Trial court erred in applying the statutory definition of “covered claim” in effect when insurance policy was issued to determine scope of FIGA’s liability instead of the more restrictive definition in effect when the insurer was adjudicated insolvent, and confirming appraisal reward and entering judgment in favor of the insureds — New definition governs scope of FIGA’s liability and prohibits any direct payment to the insureds — Appraisal award as provided for in homeowner’s policy is not the functional equivalent of the “actual repair of the loss” which FIGA pays; hence trial court’s erroneous requirement that FIGA participate in appraisal process is at odds with its statutory mandate — Questions certified: Does the definition of “covered claim” in section 631.54(3), Florida Statutes, effective May 17, 2011, apply to a sinkhole loss under a homeowners’ policy that was issued by an insurer before the effective date of the new definition when the insurer was adjudicated to be insolvent after the effective date of the new definition? — Does the statutory provision limiting FIGA’s monetary obligation to the amount of actual repairs for a sinkhole loss preclude an insured from obtaining an appraisal award determining the “amount of loss” in accordance with the terms of the homeowners’ policy of insurance?

40 Fla. L. Weekly D764a
159 So. 3d 1030

Insurance — Homeowners — Sinkhole claims — Insolvent insurer — Florida Insurance Guaranty Association — Appraisal was not available under amended statute applicable to this case — Further, insureds waived right to appraisal by actively litigating case for more than two years prior to seeking appraisal — Questions certified: 1) Does the definition of “covered claim” in section 631.54(3), Florida Statutes, effective May 17, 2011, apply to a sinkhole loss under a homeowners’ policy that was issued by an insurer before the effective date of the new definition when the insurer was adjudicated to be insolvent after the effective date of the new definition? 2) Does the statutory provision limiting FIGA’s monetary obligation to the amount of the actual repairs for a sinkhole loss preclude an insured from obtaining an appraisal award determining the “amount of loss” in accordance with the terms of the homeowners’ policy of insurance?

40 Fla. L. Weekly D941a
162 So. 3d 1118

Insurance — Homeowners — Sinkhole claim — Appraisal — Florida Insurance Guaranty Association — Although insureds did not waive appraisal by their litigation activities regarding cosmetic damages to home, trial court erred in requiring FIGA to participate in appraisal process — Questions certified: 1. Does the definition of “covered claim” in section 631.54(3), Florida Statutes, effective May 17, 2011, apply to a sinkhole loss under a homeowners’ policy that was issued by an insurer before the effective date of the new definition when the insurer was adjudicated to be insolvent after the effective date of the new definition? 2. Does the statutory provision limiting FIGA’s monetary obligation to the amount of actual repairs for a sinkhole loss preclude an insured from obtaining an appraisal award determining the “amount of loss” in accordance with the terms of the homeowners’ policy of insurance?

40 Fla. L. Weekly D968a
163 So. 3d 624

Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — It was error to determine that insureds were entitled to appraisal of sinkhole claim against FIGA — Insureds’ litigation activities waived appraisal — Determination of method of repair is appropriate for resolution under policy’s appraisal process — Questions certified: 1. Does the definition of “covered claim” in section 631.54(3), Florida Statutes, effective May 17, 2011, apply to a sinkhole loss under a homeowners’ policy that was issued by an insurer before the effective date of the new definition when the insurer was adjudicated to be insolvent after the date of the new definition? 2. Does the statutory provision limiting FIGA’s monetary obligation to the amount of actual repairs for a sinkhole loss preclude an insured from obtaining an appraisal award determining the “amount of loss” in accordance with the terms of the homeowners’ policy of insurance?

40 Fla. L. Weekly D1508b
167 So. 3d 511

Insurance — Homeowners — Sinkhole claims — Appraisal — Dispute involving method of repair is subject to appraisal — Waiver — Insureds acted inconsistently with their right to appraisal where they engaged in significant litigation during approximately one-year period between concession of coverage and claim for appraisal — FIGA’s admission in its answer to complaint that it had agreed to pay plaintiffs’ “covered claim” for sinkhole loss as defined by statute was an admission of coverage, and appraisal became appropriate on the date of FIGA’s answer — Trial court erred in ruling that insureds had not waived appraisal right

40 Fla. L. Weekly D1420b
170 So. 3d 89

Insurance — Homeowners — Sinkhole claims — Florida Insurance Guaranty Association — Questions certified: 1) Does the definition of “covered claim” in section 631.54(3), effective May 17, 2011, apply to a sinkhole loss under a homeowners’ policy that was issued by an insurer before the effective date of the new definition when the insurer was adjudicated to be insolvent after the effective date of the new definition? 2) Does the statutory provision limiting FIGA’s monetary obligation to the amount of actual repairs for a sinkhole loss preclude an insured from obtaining an appraisal award determining the “amount of loss” in accordance with the terms of the homeowners’ policy of insurance?

40 Fla. L. Weekly D1433a
172 So. 3d 473

Insurance — Homeowners — Appraisal — Trial court erred in compelling appraisal of insured’s supplemental hurricane damage claim where insured failed to comply with contractual post-loss obligations — Court erred in finding that it could compel appraisal because insured had “sufficiently” complied with post-loss obligations

40 Fla. L. Weekly D504a
159 So. 3d 239

Insurance — Homeowners — Supplemental claim to hurricane damages — Appraisal — Trial court did not abuse discretion in finding that insureds had complied with their post-loss obligations under policy, and ordering appraisal of claim