Appraisal Award

45 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Trafalgar AT Greenacres, Ltd. v. Zurich Am. Ins. Co.
  100 So. 3d 1155· Fla. 4th DCA· 2012-09-05 ·cited 22×
  Trafalgar sought to pursue a statutory bad faith claim against its insurer, Zurich, after an appraisal award resolved their underlying insurance dispute. The court held that an appraisal award constitutes a "favorable resolution" of the underlying breach of contract claim, satisf
• Allstate Ins. Co. v. Roberto and Maria Blanco
  791 So. 2d 515· Fla. 3d DCA· 2001-07-18 ·cited 16×
  Allstate Insurance Company appealed an award of prejudgment interest to homeowners Roberto and Maria Blanco for hurricane damage losses. The Third District Court of Appeal reversed, holding that prejudgment interest should be computed from the date of the appraisal award, not the
• State Farm Fla. Ins. Co. v. Boyd Nichols and Linda Nichols
  21 So. 3d 904· Fla. 5th DCA· 2009-11-06 ·cited 15×
  State Farm appealed orders requiring it to pay subsurface sinkhole damage awards within sixty days of appraisal awards, arguing a Florida statute permitted withholding payment until homeowners contracted for repairs. The court held that the statute was permissive rather than mand
• State Farm Fla. Ins. Co. v. Puig
  62 So. 3d 23· Fla. 3d DCA· 2011-03-23 ·cited 11×
  State Farm petitioned for certiorari to quash a trial court order compelling production of its entire claim file in a first-party bad faith action. The Third District Court of Appeal granted the petition in part, holding that while work product materials prepared before resolutio
• N. Pointe Ins. Co. v. Tomas
  16 So. 3d 977· Fla. 3d DCA· 2009-08-26 ·cited 8×
  North Pointe Insurance Company appealed an order confirming an appraisal award and awarding prejudgment interest from the date of loss in a homeowners' insurance dispute. The court affirmed, holding that because North Pointe initially denied coverage before later agreeing to appr
• Fisher v. Certain Interested Underwriters AT Lloyds Subscribing TO Contract # 242/99
  930 So. 2d 756· Fla. 4th DCA· 2006-05-10 ·cited 7×
  Homeowners appealed a trial court judgment denying insurance coverage for mold damage to personal property resulting from a water pipe leak. The Fourth District Court of Appeal held that mold damage was a direct physical loss covered under the named-perils personal property cover
• Liberty Mut. Ins. Co. v. Alvarez
  785 So. 2d 700· Fla. 3d DCA· 2001-05-23 ·cited 7×
  Liberty Mutual Insurance Company appealed an order awarding pre-judgment interest and attorney's fees in a hurricane-related property damage insurance dispute. The court reversed the pre-judgment interest award but affirmed and clarified the award of attorney's fees for services
• The Aries Ins. Co. v. Hercas Corp.
  781 So. 2d 429· Fla. 3d DCA· 2001-02-14 ·cited 7×
  An insurance company and insured disagreed over appraisal damages following property losses. The appellate court reversed the trial court's award of prejudgment interest from the date of loss, holding that interest accrues from the appraisal award date when damages are liquidated
• Ellie's 50'S Diner, Inc. v. Citizens Prop. Ins. Corp.
  54 So. 3d 1081· Fla. 4th DCA· 2011-03-02 ·cited 6×
  Ellie's 50's Diner appeals the denial of prejudgment interest on an insurance claim for property damage from Hurricane Wilma. The court affirmed the denial, holding that the insurance policy's thirty-day payment provision after the appraisal award controlled when interest accrued
• Grayrobinson, P.A. v. Fireline Restoration, Inc.
  46 So. 3d 170· Fla. 4th DCA· 2010-10-27 ·cited 4×
  The Florida Insurance Guaranty Association (FIGA) and its law firm GrayRobinson appealed a garnishment judgment allowing Works R Us to recover funds from FIGA and the law firm's trust account. The court reversed, holding that Works R Us, as a judgment creditor of Fireline, could
• N. Pointe Ins. Co. v. Tomas
  999 So. 2d 728· Fla. 3d DCA· 2008-12-31 ·cited 4×
  North Pointe Insurance Company petitioned for a writ of certiorari to quash a trial court's order denying its motion to dismiss or abate a bad faith insurance claim. The Florida District Court of Appeal held that a bad faith claim arising from an insurance contract dispute is pre
• Am. Reliance Ins. Co. v. Devecht
  820 So. 2d 378· Fla. 3d DCA· 2002-05-22 ·cited 3×
  The court held that an arbitration award must be confirmed absent statutory grounds for vacating or modifying it, but prejudgment interest may be awarded from the date of an appraisal award.
• Biscayne Beach Club Condo. Ass'n, Inc. v. Westchester Surplus Lines Ins. Co.
  111 F.4th 1182· 11th Cir.· 2024-08-06 ·cited 2×
  An insurer waived its objection to an appraiser's alleged partiality by failing to object at the time the appraiser disclosed a potential financial conflict of interest.
• People's Tr. Ins. Co. v. Sheila Banks
  388 So. 3d 862· Fla. 3d DCA· 2023-09-13 ·cited 2×
  The deterioration of cast iron plumbing pipes qualifies as an "act of nature" under the Water Damage Exclusion endorsement, and tear-out costs are part of the water damage loss subject to the Limited Water Damage Coverage endorsement's $10,000 limit, not a separate coverage provi
• Ruckdeschel v. People's Tr. Ins. Co.
  327 So. 3d 311· Fla. 4th DCA· 2021-09-08 ·cited 2×
  Maria and Michael Ruckdeschel appealed a trial court order granting their insurance company's motion to compel them to pay their deductible, execute a work authorization form, and allow repairs under their homeowner's policy. The appellate court reversed, holding that the trial c
• Riley Love v. Fla. Fam. Ins. Co.
  Fla. 3d DCA· 2026-03-11
  Riley and Jill Love appealed an order denying their motion to set aside an appraisal award in an insurance dispute. The Florida Third District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that the order was neither final nor appealable under Florida's ap
• Pleasant Hill Christian Church Ministries, Inc. v. Ohio Sec. Ins. Co.
  M.D. Fla.· 2025-12-10
  The court held that an insurer cannot contest specific items within an appraisal award after agreeing to appraisal, and must pay the award unless it proves affirmative defenses with admissible evidence.
• The Breakwater Commons Ass'n, Inc. v. Empire Indem. Ins. Co.
  M.D. Fla.· 2025-11-13
  An insurer cannot challenge coverage for specific parts of an appraisal award; only the entire claim or standard policy conditions are permissible defenses after an award is made.
• Anoushfar v. Lexington Ins. Co.
  M.D. Fla.· 2025-08-20
  A first-party bad faith claim under Florida Statute § 624.155 is subject to a four-year statute of limitations, and the plaintiff's claim was time-barred.
• Domoracki v. QBE Specialty Ins. Co.
  M.D. Fla.· 2025-05-21
  The court held that the plaintiffs' complaint sufficiently alleged a breach of contract claim, and it was not premature or disguised as a bad-faith claim.
• Dudley v. Am. Zurich Ins. Co.
  M.D. Fla.· 2025-03-10
  The court held that an appraisal award alone does not entitle an insured to attorney's fees under Fla. Stat. § 627.428 unless there was a breakdown in the claims adjusting process or the insurer's unreasonable delay.
• Isaacson v. QBE Specialty Ins. Co.
  M.D. Fla.· 2024-10-22
  A bad-faith insurance claim under Fla. Stat. § 624.1551 cannot be brought until the insured has obtained an adverse adjudication by a court that the insurer breached the policy, and the payment of an appraisal award does not satisfy this requirement.
• Wood v. GeoVera Specialty Ins. Co.
  M.D. Fla.· 2024-08-26
  The court held that an insurer is not bound by an appraisal award if it has valid coverage defenses, and that genuine issues of material fact exist regarding the causation of interior damage to the insured property.
• Nery Villar v. Scottsdale Ins. Co.
  S.D. Fla.· 2024-08-15
  The court held that while there was an intervening change in law regarding the retroactivity of Fla. Stat. § 627.70152, reconsideration was not warranted because the judgment had been executed and the motion was untimely.
• Marbella at Spanish Wells 1 v. Zurich Am. Ins. Co.
  M.D. Fla.· 2024-05-31
  The Court overruled the Defendant's objection to the Magistrate Judge's order regarding the form of the appraisal award.
• Sully v. Scottsdale Ins. Co.
  S.D. Fla.· 2024-04-29
  The court affirmed the magistrate judge's recommendation to dismiss the complaint, holding that the plaintiffs' Civil Remedy Notice (CRN) failed to meet the specificity requirements of Florida Statute § 624.155(3)(b).
• Newman v. Am. Home Assurance Co., Inc.
  S.D. Fla.· 2024-03-22
  The court held that an appraisal award constitutes a determination of liability for the purpose of filing a statutory bad faith action, and thus denied certification for interlocutory appeal.
• Citizens Prop. Ins. Corp. v. Peipert
  Fla. 3d DCA· 2024-02-14
  An insured is not entitled to prejudgment interest when the insurer does not deny coverage, participates in appraisal, and timely pays the appraisal award within sixty days.
• Aymee Taylor v. State Farm Fla. Ins. Co.
  Fla. 5th DCA· 2024-02-02
  The court held that an insurance policy's independent provision for interest payment, separate from statutory requirements, can form the basis for a private cause of action, even if the statute itself prohibits a standalone claim for interest. This decision allows policyholders t
• Westchester Surplus Lines Ins. Co. v. Portofino Master Homeowners Ass'n Inc
  N.D. Fla.· 2023-12-26
  The court held that subpoenas seeking post-hurricane sales documents from individual unit owners were not relevant to the insurers' claim that an appraisal award should be vacated due to fraud.
• Hawks Nest Condo., Inc. v. Westchester Surplus Lines Ins. Co.
  Fla. 3d DCA· 2023-05-24
  An insurer is not liable for prejudgment interest from the date of loss when it timely pays an appraisal award without having denied coverage, even if the insurer fails to respond promptly to the initial proof of loss. The Lugassy exception applies only when an insurer expressly
• Hawks Nest Condo., Inc. v. Westchester Surplus Lines Ins. Co.
  Fla. 3d DCA· 2023-03-15
  The appellate court affirmed a lower court's decision denying prejudgment interest to an insured, Hawks Nest Condominium, against its insurer, Westchester Surplus Lines Insurance Company. The court found that the insurer's actions, including a delayed response and subsequent paym
• Hawks Nest Condo., Inc. v. Westchester Surplus Lines Ins. Co.
  Fla. 3d DCA· 2023-03-15
  An insurer that does not deny coverage but instead pays a covered loss within the timeframe prescribed by the policy is not liable for prejudgment interest from the date of loss. A denial of coverage must be affirmative; an insurer's failure to communicate or delay in responding,
• Mont Claire at Pelican Marsh Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  M.D. Fla.· 2022-10-13
  The court held that discovery is necessary to adjudicate the remaining affirmative defenses and granted the defendant an extended discovery period.
• Island Roofing & Restoration LLC v. Empire Indem. Ins. Co.
  M.D. Fla.· 2022-02-11
  The court held that dismissal of the declaratory judgment count was not warranted at this stage due to the procedural posture and the potential for distinct relief, despite its apparent redundancy with the breach of contract claim.
• Chisholm Props. S. Beach, Inc. v. Arch Specialty Ins. Co.
  S.D. Fla.· 2022-02-04
  The court held that a declaratory judgment complaint must be dismissed because the dispute is factual, not based on contractual ambiguity, and the plaintiff failed to allege performance of policy conditions, rendering the request for relief an advisory opinion.
• Peoples Tr. Ins. Co. v. Avrohom Chen
  Fla. 4th DCA· 2022-01-12
  The appellate court reversed a summary judgment for the insureds, finding that the insurer did not breach the policy by initially proposing repairs that did not restore the home to its pre-loss condition. The court held that the policy's appraisal process was the correct mechanis
• Mont Claire at Pelican Marsh Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  M.D. Fla.· 2021-07-29
  A court can vacate an appraisal award if the panel exceeds its authority by deciding issues not pertinent to the appraisal dispute.
• Las Brisas v. Empire Indem. Ins.
  M.D. Fla.· 2021-04-27
  The court held that the plaintiff's complaint sufficiently stated a claim for bad faith insurance practices, and the Civil Remedy Notice substantially complied with statutory requirements.
• Bello v. Geovera Specialty Ins. Co.
  Fla. 3d DCA· 2020-08-26
  The appellate court reversed a summary judgment for the insurer, finding the trial court abused its discretion by denying the insured's motion for a continuance. The insured argued that crucial discovery requests remained outstanding and a motion to compel had not been heard.
• Fla. Ins. Guar. Ass'n v. Rodriguez
  170 So. 3d 89· Fla. 2d DCA· 2015-06-17
  The court held that the trial court erred in compelling FIGA to participate in appraisal of a sinkhole claim, reversing the order.
• Larson v. State Farm Fla. Ins. Co.
  146 So. 3d 502· Fla. 2d DCA· 2014-03-19
  A homeowner with sinkhole damage sought review of a circuit court order requiring him to enter into a repair contract before State Farm would tender payment on an appraisal award. The appellate court dismissed the certiorari petition because the homeowner failed to demonstrate th
• Jablonski v. St. Paul Fire & Marine Ins. Co.
  645 F. Supp. 2d 1101· M.D. Fla.· 2009-07-13
  The court held that prejudgment interest is due on the unpaid portion of an insurance appraisal award from the date payment was contractually due, but not on a bad faith claim where the date of loss is unascertainable.
• Federated Nat'l Ins. Co. v. Mariano Palenzuela
  11 So. 3d 969· Fla. 3d DCA· 2009-04-29
  Federated National Insurance Company appealed an order confirming an appraisal award of over $200,000 issued to its insured under a homeowner's policy. The Florida appellate court dismissed the appeal for lack of jurisdiction, finding the order was not final because it did not co
• Joiy Holder v. State Farm Ins. Co.
  994 So. 2d 521· Fla. 3d DCA· 2008-11-19
  Holder's homeowner's insurance claim for hurricane damage was initially offered a settlement of $65.00 net, but after he filed suit and invoked arbitration, the carrier paid $50,178.60. The court reversed the trial judge's denial of attorney's fees under Florida statute §627.428(