Citizens Property Insurance Corporation v. Mango Hill Condominium Association 12, Inc., 3D10-2104 (Fla. 3DCA, February 9, 2011)
Florida Insurance Law
Florida Appraisal
In Citizens Property Insurance Corporation v. Mango Hill Condominium Association 12, Inc., 3D10-2104 (Fla. 3DCA, February 9, 2011), the Florida Third District Court of Appeal reversed a Circuit Court Order that required the insurer go to appraisal to set the amount of loss for a disputed insurance claim. The insurer contended that the insured did not comply with the post loss conditions of the insurance policy and therefore appraisal was not appropriate since no dispute may exist due to a lack of coverage.
The appellate court relied upon its own earlier decision in Citizens Property Insurance Corp. v. Galeria Villas Condominium Association, 48 So.3d 188, 191-92 (Fla. 3DCA 2010), wherein it held that until post lost conditions are met and the insurer had a reasonable opportunity to investigate and adjust the claim, there is no “disagreement” for the purposes of appraisal and ordering appraisal therefore would be inappropriate. As a result, the Florida Third District Court of Appeal remanded the case back to the lower Court for an evidentiary hearing to determine if the insured sufficiently complied with the insurance policy’s post-loss requirements.
About the Author: Patrick Russell, Esq. is a Florida insurance lawyer with Russell Law who helps homeowners with their Florida homeowner insurance claims. If you need help or assistance with an insurance claim, do not hesitate to contact us by email .
Related Topics:
- Florida insurance claim
- Florida appraisal
- Florida post-loss conditions
