HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
v.
FAIRWAY OAKS, INC.
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Heritage Insurance appeals a circuit court order compelling it to participate in appraisal of a supplemental insurance claim for window and door damage. The court reverses, holding that when an insurer wholly denies coverage for a supplemental claim (separate from an initial claim that was paid), the claim cannot be referred to appraisal under Florida law.
A supplemental claim for coverage must be considered separately from an initial claim that has been fully adjusted. When an insurer wholly denies coverage for a supplemental claim, the claim cannot be referred to appraisal under Florida law, and the trial court erred in compelling appraisal.
[1] An insurer's denial of coverage for a supplemental claim, as opposed to an initial claim that has been fully adjusted, precludes a trial court from referring that supplem…
[2] Where an insurance policy's language and the factual circumstances of a claim mirror those previously addressed by an appellate court, the prior decision dictates the out…
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Establishes that supplemental claims must be evaluated independently from initial claims that have already been adjusted.
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Join FLexlaw to unlock all legal intelligenceHeritage issued an insurance policy to Fairway Oaks, a condominium association. Fairway Oaks submitted a claim for roof damage caused by Hurricane Irm…
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LUCAS, Judge. Heritage Property & Casualty Insurance Company (Heritage) appeals the circuit court's order compelling it to participate in an appraisal under its insurance policy with Fairway Oaks, Inc. (Fairway Oaks), a condominium association. Because the facts and arguments in this appeal essentially mirror what we recently addressed in Heritage Property & Casualty Insurance Co. v. Veranda I at Heritage Links Ass'n, 47 Fla.
L. Weekly D513 (Fla. 2d DCA Feb. 25, 2022), we reverse the order below. Like the condominium association in Veranda, Fairway Oaks submitted a claim to its insurer, Heritage, due to roof damage sustained from Hurricane Irma. Like in Veranda, Fairway Oaks later submitted a supplemental claim for window and door damages it claimed had also been caused by the hurricane.1 Weekly at D514, we concluded that [b]ecause Veranda's claim for windows and doors was a supplemental claim for coverage, [American Coastal Insurance Co. v. Ironwood, Inc., 330 So. 3d 570, 573 (Fla. 2d DCA 2021),] instructs that we must consider that1 The pertinent policy language we are asked to construe is identical to the language that was at issue in Veranda.
claim separately from the initial roof claim that had been fully adjusted. And since Heritage wholly denied coverage for that supplemental claim, [Johnson v. Nationwide Mutual Insurance Co., 828 So. 2d 1021, 1022 (Fla. 2002),] and its progeny precluded the trial court from referring it to appraisal. The same result obtains here. We therefore reverse the order compelling appraisal of Fairway Oaks' supplemental claim and remand for further proceedings. Reversed and remanded.
BLACK and ATKINSON, JJ., Concur. Opinion subject to revision prior to official publication.
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Heritage Prop. & Cas. Ins. Co. v. Fairway Oaks, Inc., 47 Fla. L. Weekly D513 (Fla. 2d DCA 2022)…mpel appraisal, and Heritage filed this timely appeal. In Veranda, 47 Fla. L. Weekly at D514, we concluded that [b]ecause Veranda's claim for windows and doors was a supplemental claim for coverage, [American Coastal Insurance Co. v. Ironwood, Inc., 330 So. 3d 570, 573 (Fla. 2d DCA 2021),] instructs that we must consider that 1 The pertinent policy language we are asked to construe is identical to the language that was at issue in Veranda. claim separately from the initial roof claim that had been fully adju…
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Heritage Prop. & Cas. Ins. Co. v. Forest Mere Townhouse Cmty. Ass'n, Inc., 46 Fla. L. Weekly D879 (Fla. 2d DCA 2022)…o appraisal because that is a coverage question which must be decided by the court. Id. (citing Johnson v. Nationwide Mut. Ins. Co., 828 So. 2d 1021, 1022 (Fla. 2002)). Relying on this court's opinion in American Coastal Insurance Co. v. Ironwood, 330 So. 3d 570 (Fla. 2d DCA 2021), which involved nearly identical facts and policy language, we concluded that the windows-and-doors claim made by Veranda was not part of the original roof-damage claim but was instead a supplemental claim as defined by the policy…
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Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, Inc., 373 So. 3d 1 (Fla. 4th DCA 2023)…lent as to whether a new coverage decision is required for a “reopened” or “supplemental” claim where the insurer has already admitted coverage for the initial claim. The insurer relies primarily on American Coastal Insurance Co. v. Ironwood, Inc., 330 So. 3d 570 (Fla. 2d DCA 2021), to argue it is entitled to investigate the insured’s “reopened” and “supplemental” claims separately from the insured’s initial claim and make a separate coverage decision before those claims become ripe for appraisal. In Ironwo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Nationwide Mut. Ins. Co., 828 So. 2d 1021 (Fla. 2002)
- Heritage Prop. & Cas. Ins. Co. v. Fairway Oaks, Inc., 47 Fla. L. Weekly D513 (Fla. 2d DCA 2022)