FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLANT,
v.
DAVID RODRIGUEZ, APPELLEE

Fla. 2d DCA | 2015-06-17
No. 2D13-5451
CRENSHAW and BLACK, JJ., Concur.
170 So. 3d 89 Florida District Court of Appeal, Second District (2015)

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Holding

The court held that the trial court erred in compelling FIGA to participate in appraisal of a sinkhole claim, reversing the order.


Facts & Procedural History

FIGA challenged a trial court order compelling it to participate in the appraisal of a sinkhole claim. The policy was issued before a statutory defini…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
KELLY, Judge.

BY ORDER OF THE COURT.

Appellee’s motion for certification is granted. The prior opinion dated February 25, 2015, is withdrawn, and the attached opinion is issued in its place.

KELLY, Judge.

In this nonfinal appeal pursuant to Florida Rule of Appellate Procedure 9.130(3)(C)(iv), Florida Insurance Guaranty Association (FIGA) challenges the trial court order compelling it to participate in appraisal of a sinkhole claim. For the reasons expressed by this court in Florida Insurance Guaranty Ass’n v. de la Fuente, 158 So.3d 675 (Fla. 2d DCA 2015), we reverse the order compelling appraisal and remand for further proceedings. As in de la Fuente, we certify the following questions to the Florida Supreme Court as questions of great public importance:

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 OB*90TAINING AN APPRAISAL AWARD DETERMINING THE “AMOUNT OF LOSS” IN ACCORDANCE WITH. THE TERMS OF THE HOMEOWNERS’ POLICY OF INSURANCE?

Reversed and remanded for further proceedings; questions certified.

CRENSHAW and BLACK, JJ., Concur.


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