ALFREDO LLAGUNO AND MERCY LLAGUNO, APPELLANTS,
v.
ARI MUTUAL INSURANCE COMPANY, ETC., APPELLEE

Fla. 3d DCA | 1998-07-29
No. 97-3365
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
719 So. 2d 311 Florida District Court of Appeal, Third District (1998) Negative Treatment
Cited by 12 cases
Topics
Examination Under Oath Appraisal Clause Proof Of Loss

Explore caselaw by topic → Browse Examination Under Oath cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

[*312] PER CURIAM.

Just as we held in Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998), “Upon the sole condition that the insured[s] file the sworn proof of loss required by the policy in support of ... [their] claim for additional insured damages, the order below denying appraisal is reversed on the authority of Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), and the cause is remanded with directions to order appraisal”.

SCHWARTZ, C.J., and LEVY, J., concur.

Dissent
JORGENSON, Judge,

JORGENSON, Judge,

dissenting.

Although I agree that under the homeowners’ policy the parties are required, as a matter of law, to go to appraisal-arbitration to determine the amount of the insured losses, I do not agree that appraisal-arbitration is required in this case and therefore respectfully dissent.

Appraisal is conditioned upon the insured party’s compliance with the appropriate informational requests required by the policy in support of their claim for additional insured damages. See Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998)(“Upon the sole condition that the insured file the sworn proof of loss required by the policy in support of her claim for additional insured damages, the order below denying appraisal is reversed on the authority of Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), and the cause is remanded with directions to order appraisal.”); see also Pando v. United States Fidelity & Guar. Co., No. 97-2978, slip op. at 7 (S.D. Fla. June 29, 1998)(noting that the per curiam opinion in Perez, 709 So. 2d 591, 23 Fla. L. Weekly at D848, supports the proposition “that the insured must comply with post-loss obligations before the insurer is required to submit to appraisal.”). Llaguno has not provided ARI with the sworn proof of loss required by the policy in support of their claim for additional insured damages.

ARI requested, pursuant to the policy conditions, that Llaguno provide a sworn statement of proof of loss, provide documentation supporting the supplemental claim, and submit to an examination under oath. Llaguno has not complied with any of ARI’s requests. Llaguno must comply with all these conditions of the policy before the appraisal clause is triggered. See Perez, 709 So. 2d 591, 23 Fla. L. Weekly at D848 (Cope, J., concurring in part and dissenting in part); see also Stringer v. Fireman’s Fund Ins. Co., 622 So. 2d 145, 146 (Fla. 3d DCA)(“[T]he failure to submit to an examination under oath is a material breach of the policy which will relieve the insurer of its liability to pay.”), review denied, 630 So. 2d 1101 (Fla.1993).

I would affirm.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)
    …remand for further proceedings consistent with the views expressed in this opinion. . See Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998); Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998); Llaguno v. ARI Mutual Ins. Co., 719 So. 2d 311 (Fla. 3d DCA 1998); Harrah v. Allstate Ins. Co., 721 So. 2d 1266 (Fla. 3d DCA 1999). . See the special concurrence of Chief Judge Schwartz. . In Rivero, the trial court entered summary judgment against the insured finding that she failed to comply…
  • Poppy Chimerakis v. Sentry Ins. Mut. Co., 804 So. 2d 476 (Fla. 3d DCA 2001)
    …trary was thus erroneous. We therefore reverse the order under review for the foregoing reasons and remand for further proceedings. Reversed. . Accord Martinez v. Allstate Ins. Co., 718 So. 2d 368 (Fla. 3d DCA 1998); Llaguno v. ARI Mut. Ins. Co., 719 So. 2d 311 (Fla. 3d DCA 1998).…
  • Emilio Martinez v. Allstate Ins. Co., 718 So. 2d 368 (Fla. 3d DCA 1998)
    …PER CURIAM. As in Llaguno v. ARI Mutual Ins. Co., 719 So. 2d 311 (Fla. 3d DCA 1998) and Perez v. Allstate Ins. Co., 709 So. 2d 591, 591 (Fla. 3d DCA 1998), “[u]pon the sole condition that the insured[s] file [a] sworn proof of loss required by the policy in support of ... [their] claim for additional insured dama…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw