2016

41 Fla. L. Weekly S403a
200 So. 3d 1202

Insurance — Life insurance — STOLI schemes — Incontestability — A policy that has the statutorily required insurable interest at its inception, even where that interest is created as the result of a stranger-originated life insurance (STOLI) scheme, set up for the insured to work with an investor to create the insurable interest necessary, hold the policy until the two-year contestability period expires, and then transfer the policy to an investor who would not have had the insurable interest to procure the policy in the first place, is nonetheless incontestable after two years, under the plain language of the incontestability statute — A party cannot challenge the validity of a life insurance policy after the two-year contestability period based on its creation through a STOLI scheme

41 Fla. L. Weekly D2693c
204 So. 3d 597

Administrative law — Department of Financial Services — Licensing — General insurance lines insurance agent — Revocation — Disputed issues of material fact — Licensee entitled to hearing under section 120.57(1) under unique facts and circumstances of case

41 Fla. L. Weekly D1869c
199 So. 3d 350

Insurance — Homeowners — Sinkhole claim — Where, in insureds’ claim for sinkhole damage, insurer raised as affirmative defense that insurance contract was void because insureds failed to disclose unrepaired damage from a prior sinkhole, it was an abuse of discretion to refuse to admit evidence of the amount insureds received to repair home from a prior insurance company after a previous sinkhole claim on the property — Because insureds used only a small portion of the settlement paid by the prior insurance company to repair damage to the property, evidence of the amount of the settlement was relevant to the issue of whether there was unrepaired damage

41 Fla. L. Weekly S415a
200 So. 3d 1207

Insurance — Homeowners — Sinkhole claims — The statutory presumption of correctness afforded to an insurer’s internal report during the investigation process in the sinkhole statutes does not extend to later trial proceedings — Attorney’s fees — Insured prevailing in action against insurer — A prevailing insured’s recovery of attorney’s fees under section 627.428, Florida Statutes, requires only an incorrect denial of benefits, not a showing of bad faith on the part of the insurer — Insurer’s payment of policy proceeds after suit has been filed constitutes the functional equivalent of a confession of judgment, thereby entitling insured to an award of attorney’s fees

41 Fla. L. Weekly D1997c
200 So. 3d 215

Insurance — Homeowners — Coverage — Sinkhole claim — Error to enter judgment for damages payable directly to insureds without regard to policy’s loss settlement provision, under which insurer had obligation to pay for repairs only as work was performed under subsurface repair contract — Homeowners are entitled to enforceable money judgment for damages other than subsurface repairs and judgment reflecting that insurer is obligated to pay for subsurface repairs as the work is performed pursuant to subsurface repair contract

41 Fla. L. Weekly D1561a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 41 Fla. L. Weekly D1997c

Insurance — Homeowners — Coverage — Sinkhole claim — Error to enter judgment for damages payable directly to insureds without regard to policy’s loss settlement provision, under which insurer had obligation to pay for repairs only as work was performed under subsurface repair contract

41 Fla. L. Weekly D1118a
191 So. 3d 526

Insurance — Homeowners — Sinkhole loss — Subsurface repairs — Trial court erred in entering final summary judgment in favor of insurer in insureds’ action seeking determination of proper method of subsurface repair where there was material issue of fact regarding how to stabilize the subsurface properly

41 Fla. L. Weekly D1479b
194 So. 3d 1064

Insurance — Homeowners — Sinkhole loss — Subsurface repair — Insureds were not required to provide acceptable repair contract as condition precedent to filing suit against insurer — Insurer had no obligation to pay damages awarded by jury for subsurface repairs until insureds contracted to make those repairs — Damages — Verdict awarding $100,000 for subsurface repairs was not against manifest weight of evidence — Prejudgment interest — Error to award prejudgment interest where insurer had no obligation to pay absent contract for subsurface repairs

41 Fla. L. Weekly D1436e
193 So. 3d 1084

Insurance — Homeowners — Sinkhole claim — Error to award money damages for subsurface repairs without requiring insured to enter into contract for those repairs consistent with jury verdict

41 Fla. L. Weekly D1388b
192 So. 3d 1268

Insurance — Homeowners — Sinkhole claims — Error, under policy at issue, to require insurer to pay for subsurface repairs before insureds entered into contract for those repairs