Jeffrey Kuntz – April 10, 2013 In Citizens Property Insurance Corporation v. River Manor Condominium Association (4D12-901), the Fourth District reversed a trial court’s judgment entered after an appraisal award. In the appeal, Citizens argued “…that the final judgment improperly awarded the appellee damages for: (a) property excluded under its policies, and (b) amounts that should… Continue reading The Florida Legal Blog: Judgment On Appraisal Award Reversed Due To Coverage Issues
Tag: Appraisal
Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim
Thomas M. Contois and Rebecca S. Liu – September 21, 2012 In Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Company, No. 4D11-1376, 2012 WL 3822215, *1 (Fla. Dist. Ct. App. Sept. 5, 2012), the Florida Fourth District Court of Appeal, applying Florida law, overturned the trial court’s summary judgment order and held that an… Continue reading Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim
Florida 4th DCA Rules Bad Faith Action Can Proceed After Appraisal
Corey Harris – September 7, 2012 For many years, some insurers have argued that Florida policyholders cannot bring statutory “bad faith” actions if the parties participate in the appraisal process. In essence, these insurers argued that there must be a finding of a breach of contract in an underlying action for an extra contractual action… Continue reading Florida 4th DCA Rules Bad Faith Action Can Proceed After Appraisal