2020

45 Fla. L. Weekly D2391a

Insurance — Homeowners — Post-loss obligations — Proof of loss — Trial court erred in granting summary judgment in favor of insurer on ground that insureds failed to submit compliant sworn proof of loss where disputed issue of fact existed as to whether insureds substantially complied with their post-loss obligations once insurer acknowledged coverage or whether they totally failed to comply

45 Fla. L. Weekly D966a
294 So. 3d 406

Insurance — Homeowners — Agents and representatives — Repairmen — No error in finding that handyman and water restoration employees who performed home repairs for which the insureds sought coverage were not required to be produced for examinations under oath — Handyman and water restoration employees were not the insureds’ “agents” or “representatives” as those terms were used in the policy — Furthermore, to extent policy is considered uncertain, court is compelled to construe interpretation against insurer

45 Fla. L. Weekly D394a
300 So. 3d 314

Insurance — Homeowners — Order granting motion to compel insurer to make repairs to extent of insurer’s own estimate meets definition of an injunction, as it compels insurer to take affirmative action — Treating order as a temporary injunction, it is reversed as required formalities were not followed

45 Fla. L. Weekly D2118b
302 So. 3d 919

Insurance — Homeowners — Hurricane or windstorm loss — Coverage — Post-loss obligations — Supplemental claim — Breach of contract action alleging that insurer underpaid claim for hurricane-caused loss to dwelling and personal property — Trial court did not err in entering summary judgment in favor of insurer as to coverage on the dwelling because insured failed to comply with policy requirement that he submit a supplemental claim prior to filing suit — Based on policy language drawn from section 627.70132, insured was required to file a supplemental claim setting forth damages insured sought in excess of what insurer had already paid where record shows that insurer had previously adjusted insured’s initial claim and promptly paid on that claim — A competing estimate by an insured’s independent adjuster, or by a prospective contractor, which is submitted to the insurer would fall within definition of a “supplemental claim” — Court rejects argument that insured was excused from requirement that he submit a supplemental claim due to insurer’s alleged breach of insurance policy by failing to pay the actual cash value of the loss to the dwelling — While an insurer’s unilateral determination of the cash value of a loss does not entitle it to summary judgment in the face of a competing estimate of damages, the insurer should not be deemed to have breached the contract where insurer accepted coverage and paid the only estimate it received of the actual cash value of the loss — Trial court erred in granting summary judgment in favor of insurer on insured’s personal property claim on sole ground that insured did not submit a supplemental claim for personal property loss — By failing to pay any amount for personal property loss, insurer effectively denied coverage — Such a denial waives insurer’s right to insist on insured’s compliance with policy conditions

45 Fla. L. Weekly D2732a

Insurance — Homeowners — Water damage — Post-loss obligations — Prompt notice — Trial court erred in granting summary judgment in favor of insurer based on finding that insureds waiting several days to report the loss, while at the same time engaging contractors to repair and remediate the water loss, did not amount to providing “prompt notice” of the loss as required by the policy — Under facts of the case, the question of whether the insureds’ notice to insurer was untimely and caused prejudice to insurer is a question of fact for a jury to resolve

45 Fla. L. Weekly D2124a
302 So. 3d 926

Insurance — Homeowners — Coverage — Post-loss obligations — Examination under oath — Notice of EUO sent to insured’s initially retained counsel prior to counsel’s withdrawal, and then again to insured personally while insured was allegedly out of the country — Trial court erred in entering summary judgment in favor of insurer based on insured’s failure to attend EUO as required by the policy where issue of fact existed regarding the insured’s willful noncompliance — Insured presented evidence that he cooperated to some degree and provided an explanation for his nonattendance at EUO, which in turn created a question of fact as to whether there was a willful or material breach of EUO provision of policy and precluded entry of summary judgment — Imputation of counsel’s knowledge to insured is inappropriate — Central to a finding of “willfulness” is the insured’s actual knowledge of the time and place of the EUO

45 Fla. L. Weekly D2750a

Insurance — Homeowners — Cause of loss — Damage from rainwater that came in through roof after thunderstorm — Trial court erred in entering summary judgment for insurer in insured’s breach of contract action where there were disputed issues of material fact as to whether damage was caused by a covered peril

45 Fla. L. Weekly D1091b

Insurance — Homeowners — Summary judgment — Breach of contract claim by insured against insurer — Trial court erred in denying insurer’s motion for summary judgment where insured presented no evidence of insurer’s breach of insurance contract, insurer met its initial burden of demonstrating the nonexistence of any genuine issue of material fact, and insured failed to come forward with admissible counter-evidence sufficient to reveal a genuine issue of material fact

45 Fla. L. Weekly D1091a

Insurance — Homeowners — Claim for water damage — Summary judgment — Where insurer moved for summary judgment in insureds’ action to recover for water damage to home based on affidavits and reports of experts who gave opinion that water damage was due to wear and tear and not covered by policy, and insureds responded by filing only part of an affidavit prepared by their expert, trial court properly entered summary judgment for defendant insurer — Insurer met its preliminary burden of showing that no issue of material fact existed, and insureds failed to meet their burden to come forward with counter-evidence sufficient to reveal a genuine issue, as their expert’s affidavit in truncated form contains only conclusions

45 Fla. L. Weekly D2110a

Insurance — Homeowners — Trial court properly dismissed insurer’s claim that insured breached contract by failing to provide sworn proof of loss where insurer failed to identify any actual damages as result of alleged breach — Trial court erred in dismissing count for declaratory relief alleging that insured’s failure to provide sworn proof of loss constitutes breach of the policy justifying forfeiture of coverage, as allegations establish the existence of a justiciable controversy cognizable under Declaratory Judgment Act — Complaint presents a bona fide disagreement as to whether policy language negates requirement for insured to submit sworn proof of loss upon insurer’s invocation of right to repair