By: Oliver B. Clark 302 So.3d 485 (Fla. 2d DCA 2020) In this appeal, Florida’s Second District Court of Appeal (Second DCA) reversed a trial court’s grant of summary final judgment for First Protective Insurance Co. d/b/a Frontline Insurance (Frontline), where the trial court had determined as a matter of law that Frontline cured a Civil Remedy Notice of Insurer's…

By: Oliver B. Clark 2021 WL 1432160, 2D20-1414 (Fla. 2d DCA 1/20/2021) In this opinion, the Second District Court of Appeals held the insurance company could not avoid appraisal based on coverage defenses because the insurance company had made payments on the claim. Villagio at Estero Condominium Association’s (Villagio) sued American Capital Assurance Co. (American Capital), alleging breach of contract…

By: Jennifer N. Myers 2021 WL 1153052 (Fla. 4th DCA March 26, 2021) A Motion for Summary Judgment was granted due to imputed misrepresentation and/or fraud by public adjuster. A claim was submitted for a water leak in a second-floor bathroom. A public adjuster submitted an estimate for $43,181.01, which included $11,107.72 for damage to the kitchen. The estimate was…

By: Oliver B. Clark --So.3d --, 2021 WL 45659 (Fla. 2nd DCA 1/6/2021) In this case Florida’s Second District Court of Appeal considered whether Appellee’s Public Adjuster could serve as a disinterested appraiser and concluded he could not. In 2017, Appellee, Jon Parrish, made a claim to Appellant, State Farm, under his homeowner’s insurance policy, for Hurricane Irma damage to…

By: Jennifer N. Myers 2020 WL 7396997 (M.D. Fla. Dec. 17, 2020) In this Middle District of Florida case, the Court considered the insurer’s Motion to Dismiss, alleging the Complaint did not allege compliance with Florida Statute 627.7152, specifically 627.7152 (2) and (9) (regarding Assignment Agreements and requirements that must be met in order for an Assignment of Benefits agreement…

By: Jennifer N. Myers --So.3d--, 2020 WL 7379133 (Fla. 3d DCA 12/16/2020) The insurance application contained an anti-assignment provision, the “Anti-Assignment Endorsement” prohibiting assignment of rights, benefits, and duties under the policy: In consideration of the premium paid, it is hereby agreed and understood that rights, benefits and duties under the policy for which I am applying may not be…

By: Jennifer N. Myers 2021 WL 191546 (Fla. 3d DCA Jan. 20, 2021) This case involved post-loss compliance with an insured’s policy obligations. When the insured’s public adjuster initially reported the claim (on the same day as the loss), Universal sent a letter requesting eleven items per the policy’s post-loss provisions.  One such request was for a sworn proof of…

By: Jennifer N. Myers 2021 WL 112751 (3d DCA Jan. 13, 2021) The issue was whether an insured could require discovery of materials in an insurer’s claim file during the pendency of the breach-of-contract action. In a request for production of documents, the insured sought “[a]ll documents containing information regarding a statement by [Mitchell] at any time during [Avatar’s] handling…

By: Allison J. Van Fleet On January 21, 2021, the Supreme Court of Florida answered the following certified question from the Fifth District Court of Appeal in the negative: IN A FIRST-PARTY BREACH OF INSURANCE CONTRACT ACTION BROUGHT BY AN INSURED AGAINST ITS INSURER, NOT INVOLVING SUIT UNDER SECTION 624.155, FLORIDA STATUTES, DOES FLORIDA LAW ALLOW THE INSURED TO RECOVER…

By: Marjorie M. Salazar A recent decision of the United States District Court for the Middle District of Florida Fort Myers Division affirmed the existing law that the insured’s failure to comply with policy provisions is a bar to demanding appraisal. In Vintage Bay Condominium Association, Inc. v. Lexington Insurance Company, No. 2:18-cv-729-FtM-99-CM, 2019 WL 211433 (M.D. Fla. Jan. 16,…