SCOTTSDALE INSURANCE COMPANY, APPELLANT,
v.
UNIVERSITY AT 107TH AVENUE, INC., ETC., APPELLEE
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The court held that the insurer had sufficient post-loss information to evaluate the insured's claim, making the order to proceed with appraisal proper.
[1] An insurer has sufficient information to evaluate an insured's claim for damages when the insured provides a sworn proof of loss, produces a corporate representative for…
[2] An appraisal may be ordered when an insurer possesses adequate information to determine the amount of the insured's loss.
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Join FLexlaw to unlock all legal intelligenceUniversity suffered hurricane damage and filed a claim, which Scottsdale denied. University subsequently provided a Sworn Proof of Loss and its corpor…
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PER CURIAM.
Scottsdale Insurance Company appeals the entry of a partial summary judgment in favor of its insured, University at 107th Avenue, Inc., in which Scottsdale was ordered to submit to an appraisal. Scottsdale argues that University failed to provide the post-loss information required by the insurance policy. Scottsdale thus contends that the order referring this matter to appraisal was premature, until such time as Scottsdale received the information necessary for Scottsdale to evaluate University’s claim. Because Scottsdale had sufficient information upon which to evaluate University’s claim for damages, we affirm.
In 1999, University suffered hurricane damage and filed a claim for damages with Scottsdale. Scottsdale inspected University’s property and denied University’s claim because its independent adjuster estimated the damages well below University’s claim.
“[T]he nature of the post-loss obligations is merely to provide the insurer with an independent means by which to determine the amount of loss, as opposed to relying solely on the representations of the insured.” United States Fid. & Guar. Co. v. Romay, 744 So. 2d 467, 471 n. 4 (Fla. 3d DCA 1999). It cannot be said in this case that the insurer did not have sufficient information from which to assess its insured’s claim.
Subsequent to January 24, 2000, the day on which Scottsdale first denied University’s claim, University provided Scottsdale with a Sworn Proof of Loss, and produced its corporate representative and sole shareholder for an examination under oath. Additionally, at the summary judgment hearing, Scottsdale’s counsel admitted that Scottsdale had obtained what “Scottsdale wanted post-loss and pre-suit during the course of the suit” and that “the documents that [Scottsdale] asked for post-loss and pre-suit [were] now in [their] possession through discovery.” There was, therefore, an exchange of “adequate information” from which Scottsdale could make a determination as to University’s loss. See Romay, 744 So. 2d at 471.
Affirmed.
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Sunlight Lands LLC v. Westchester Surplus Lines Ins. Co., 2020 WL 13687543 (M.D. Fla. 2024)…er the insurer might have wanted "post-loss and pre-suit" during the litigation, such as through discovery, then a trial court commits no error when it orders the insurer to “submit to an appraisal.” Scottsdale Ins. Co. v. Univ. at 107th Ave., Inc., 827 So. 2d 1016, 1016-17 (Fla. Dist. Ct. App. 2002). Because Sunlight remedied any deficiency in its cooperation through discovery and its stipulations, “this Court may order appraisal." Castillo at Tiburon Condo. Ass'n, Inc. v. Empire Indem. Ins. Co., No. 2:20-CV-…
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Clockwork PH3, LLC v. Clear Blue Specialty Ins. Co. (M.D. Fla. 2023)…t *3 (M.D. Fla. Mar. 31, 2023). This makes sense considering appraisal is conditioned on the receipt of adequate information to determine the loss, not complete or perfect information. See Scottsdale Ins. Co. v. Univ. at 107th Ave., Inc., 827 So. 2d 1016 (Fla. Dist. Ct. App. 2002) (“[T]he nature of the post-loss obligations is merely to provide the insurer with an independent means by which to determine the amount of loss, as opposed to relying solely on the representations of the insured.”). It al…
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Castillo at Tiburon Condo. Ass'n, Inc. v. Empire Indem. Ins. Co. (M.D. Fla. 2021)…loss obligations is merely to provide the insurer with an independent means by which to determine the amount of loss, as opposed to relying solely on the representations of the insured.” Scottsdale Ins. Co. v. Univ. at 107th Ave., Inc., 827 So. 2d 1016 (Fla. Dist. Ct. App. 2002) (citation omitted)). Although Plaintiff provided a late proof of loss, it remedied the situation within days. By doing so, Defendant was able to independently assess the reported damage by reinspecting Plaintiff’s propert…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)