2015

40 Fla. L. Weekly D1201a
165 So. 3d 736

Insurance — Homeowners — Assignment — Trial court erred in dismissing complaint filed by insured’s assignee based on finding that anti-assignment clause and loss payment provision precluded the assignment

40 Fla. L. Weekly D1193a
165 So. 3d 756

Insurance — Homeowners — Trial court erred in entering final judgment in favor of insurer in action brought by assignee based on finding that anti-assignment clause and loss payment provision precluded assignment

40 Fla. L. Weekly D1569a
173 So. 3d 1025

Insurance — Homeowners — Water damage — Dismissal of assignee’s action against insurer — Appeals — Circuit court acting in its appellate capacity applied incorrect law in per curiam affirming county court’s dismissal of assignee’s action against insurer for amounts due under remediation contract with insured — County court failed to afford assignee due process when it granted motion to dismiss based on coverage defense asserted by insurer because this affirmative defense was outside four corners of complaint — Further, dismissal on ground that only the policy holder could sue to determine the coverage issue violated clearly established principles of law, which permit assignee of post-loss insurance benefits to seek recovery under policy and, if necessary, seek a coverage determination

40 Fla. L. Weekly D1196a
165 So. 3d 749

Insurance — Homeowners — Assignment — Trial court erred in dismissing assignee’s complaint against insurer based on anti-assignment and loss payment provisions of insurance policy — Insured may assign a post-loss claim even when insurance policy contains provision barring assignment of policy — Standard loss payment provision in insurance policy does not preclude an assignment of a post-loss claim, even when payment is not yet due — Assignable right to benefits accrues on date of loss, even though payment is not yet due under loss payment clause — Assignment cannot be invalidated based on insurer’s theory that it attempts to assign a contractual “duty to adjust” from insured to a third party — So long as insured complies with all policy conditions, third-party assignee may recover benefits on a covered loss — Civil procedure — Trial court did not err in considering contents of insurance policy filed in connection with insurer’s motion to dismiss where complaint referred to policy and plaintiff’s standing to bring suit was premised on an assignment on that policy

40 Fla. L. Weekly D1070a
169 So. 3d 138

Arbitration — Insurance — Liability — Arbitrable issues — Trial court erred in denying insurer’s motion to compel arbitration, filed when plaintiffs moved for joinder of insurer as party defendant to plaintiffs’ negligence action against insured, where insurance policy expressly delegated the issue of arbitrability to the arbitrator and plaintiffs, although challenging arbitration provision as a whole, did not challenge this delegation provision — Non-signatories — Estoppel — Plaintiffs who claim they are entitled to benefit of policy’s coverage provision are estopped from attempting to avoid burden of policy’s arbitration provision on ground that they were non-signatories to policy — Remand for entry of order compelling arbitration

40 Fla. L. Weekly D2595b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 41 Fla. L. Weekly D730a

Insurance — Trial court erred in entering summary judgment in favor of insured in insured’s breach of contract action against insurer where there was a question as to whether insurer knew that insured disputed the amount of loss, and therefore a genuine issue of material fact as to whether insured was forced to file suit — Insurer’s voluntary payment of appraisal award did not constitute an automatic confession of judgment — Insurer’s payment of appraisal award is a confession of judgment only if the insured was forced to file the lawsuit to resolve the claim — Discovery — Trial court also erred by granting insured’s motion for protective order against insurer’s request for production of documents

40 Fla. L. Weekly D791b
163 So. 3d 559

Insurance — Hurricane damage — Appraisal — Trial court erred in ordering appraisal where insureds failed to comply with all post-loss obligations — All post-loss obligations must be satisfied before a trial court can exercise its discretion to compel appraisal

40 Fla. L. Weekly D341a
157 So. 3d 431

Insurance — Homeowners — Windstorm damage — Appraisal — No error in granting summary judgment in favor of Citizens Property Insurance Corporation in action to compel it to engage in appraisal process for windstorm damage — Because insurer participated in appraisal process after lawsuit was filed when it received detailed estimates from insureds, but not because of the lawsuit, nothing remained to be done in relation to the relief requested — In granting summary judgment in favor of insurer, trial court implicitly found that insured failed to provide insurer with sufficient detailed estimates of claimed loss prior to filing suit to compel arbitration — Court notes that amount of loss for ordinance and law damage was not determined during initial building damage appraisal — Affirmance is without prejudice for insured to seek recompense for any incurred ordinance or law damage

40 Fla. L. Weekly D661a
173 So. 3d 988

Insurance — Homeowners — Sinkhole claim — Appraisal — Florida Insurance Guaranty Association — Trial court erred in entering order compelling appraisal — Method of repair is appropriate for resolution under policy’s appraisal process — Homeowners waived right to appraisal by engaging in litigation activities for an extended period before requesting 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 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 D488b
158 So. 3d 745

Insurance — Homeowners — Sinkhole claims — Appraisal — Florida Insurance Guaranty Association — Questions certified: I. 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? II. 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?