Third District Awards Attorney’s Fees for Appraisal Win
The courts continue to award attorneys fees as the result of appraisal, even upon timely payment of the appraisal award by the insurer. On November 19, 2008, the Third District Court of Appeal issued...
View ArticleInsurer Not Entitled to Appraisal After Unsuccessful Mediation Pursuant to...
My client, a water extraction and mold remediation company, performed services for a homeowner insured under a State Farm Florida insurance policy. State Farm refused to pay the entire bill, and in...
View Article3rd DCA Affirms Attorneys Fees After Appraisal
In Citizens Property Insurance Corporation v. Cuban-Hebrew Congregation of Miami, Inc., 34 FLW D333 (Fla. 3rd DCA February 11, 2009), the insured property was damaged by wind, and Citizens paid what it...
View Article3rd DCA Allows Prejudgment Interest From Date of Loss
In North Pointe Insurance Company v. Thomas, _____ So.3rd _____ (Fla. 3rd DCA August 26, 2009), the insured homeowners filed a claim with their homeowner’s carrier for damage to a tile floor caused...
View Article4th DCA Finds FIGA Did Not Waive Right to Appraisal
In Florida Insurance Guaranty Association, Inc. v. Castilla, ____ So.3d. ____, (Fla. 4th DCA September 30, 2009), the insureds submitted a Hurricane Wilma claim to their homeowners insurer. The...
View ArticleFirst Party Bad Faith Case Ripe Upon Confirmation of Appraisal Award
In State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc., ____ So.3d ____ (Fla. 3rd DCA October 14, 2009) a group of condos was damaged by Hurricane Wilma. Seville...
View ArticleState Farm Must Pay for Subsurface Sinkhole Repairs Before Homeowners Enter...
In State Farm Florida Insurance Company v. Nichols, ____ So.3d ____ (Fla. 5th DCA November 6, 2009), the insured homeowners submitted a claim to State Farm for sinkhole damage. The amount of the loss...
View Article4th DCA Denies Appraisal Where Insured Not Notified of Right to Mediation
In The Florida Insurance Guaranty Association, Inc. v. Shadow Wood Condominium Association, ____ So.3d ____ (Fla. 4th DCA December 2, 2009), FIGA moved for appraisal of a condo claim. The insured...
View ArticleLawsuit Filed on Behalf of Victim’s of House Fire
My clients sustained a fire loss at their home. The fire, smoke and water also significantly damaged their personal property. As a result, they were out of the house for quite a while and incurred...
View ArticleLate Notice, Appraisal and Prejudice
In State Farm Florida Insurance Company v. Hernandez, 40 FLW D1433a (Fla. 3rd DCA June 17, 2005), State Farm appealed a non-final order compelling appraisal of a homeowners claim. The lawsuit arose...
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