AMERICAN COASTAL INSURANCE COMPANY
v.
QUADOMAIN CONDOMINIUM II ASSOC., INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
American Coastal Insurance Company appeals a trial court order compelling appraisal of a property insurance claim filed by Quadomain Condominium II Association, Inc. The appellate court reversed, holding that the trial court erred by granting the motion to compel appraisal without conducting an evidentiary hearing to resolve the factual dispute regarding the insured's compliance with post-loss obligations.
A trial court must conduct an evidentiary hearing to resolve factual disputes regarding an insured's compliance with post-loss obligations before compelling appraisal, particularly when the insured cooperates to some degree or provides an explanation for any noncompliance.
[1] When an insured provides an explanation for alleged noncompliance with post-loss obligations, a factual question is created that must be resolved by evidentiary hearing b…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[W]here the 'insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented' regarding the necessity or sufficiency of compliance.”
Court's statement of applicable legal standard from Sunshine State Ins. Co. v. Corridori
The Insured filed a claim under a property insurance policy issued by the Insurer. The Insurer contended that the Insured had not complied with its po…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Post-Loss Obligations cases and more on FLexlaw
PER CURIAM.
American Coastal Insurance Company (“Insurer”) appeals the trial court’s nonfinal order granting Quadomain Condominium II Association, Inc.’s (“Insured”) motion to compel appraisal of a claim under a property insurance policy. Despite the Insurer’s contention that the Insured had not complied with its post-loss obligations, the trial court granted the motion to compel appraisal without conducting an evidentiary hearing. We reverse.
“[W]here the ‘insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented’ regarding the necessity or sufficiency of compliance.” Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010) (quoting Haiman v. Fed. Ins. Co., 798 So. 2d 811, 812 (Fla. 4th DCA 2001)). “When a factual dispute exists as to whether a party requesting an appraisal complied with its post-loss obligations, the trial court must hold an evidentiary hearing to determine the issue of such compliance.” First Protective Ins. Co. v. Ahern, 278 So. 3d 87, 89 (Fla. 4th DCA 2019); see also United Prop. & Cas.
Ins. Co. v. Concepcion, 83 So. 3d 908, 910 (Fla. 3d DCA 2012) (“Where the insurer reasonably disputes such compliance and raises a question as to the sufficiency of the insured’s compliance with post-loss obligations, a question of fact is created that must be resolved by the trial court before compelling appraisal.”).
We reverse the trial court’s order compelling appraisal and remand for an evidentiary hearing.
Reversed and remanded. LEVINE, C.J., GROSS and CIKLIN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haiman v. Fed. Ins. Co., 798 So. 2d 811 (Fla. 4th DCA 2001)
- Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129 (Fla. 4th DCA 2010)
- United Prop. & Cas. Ins. Co. v. Concepcion, 83 So. 3d 908 (Fla. 3d DCA 2012)
- First Protective Ins. Co. v. Ahern (Fla. 4th DCA 2019)