STATE FARM INSURANCE COMPANY, APPELLANT,
v.
EFRAIN XIRINACHS, ERICSON XIRINACHS, AND MAUREEN OGDEN, APPELLEES
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The court held that the insureds failed to comply with their post-loss obligations, and therefore the trial court erred in compelling appraisal.
The trial court erred in ordering appraisal because the insureds failed to comply with all of their post-loss obligations under the insurance policy.
The Insureds filed a supplemental insurance claim after Hurricane Wilma. They failed to produce necessary documentation and protect the property from …
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State Farm Insurance Company appeals an order compelling appraisal in a case arising from the Insureds’ supplemental claim for insurance benefits allegedly incurred as a result of Hurricane Wilma. When ordering appraisal, the trial court apparently assumed that the requisite standard to obtain appraisal is something less than full compliance with post-loss obligations. This reasoning, according to the Insureds, is supported by this court’s opinion in Citizens Property Insurance Corp. v. Mango Hill Condominium Association 12, Inc., 54 So.3d 578, 582 (Fla. 3d DCA 2011), where we reversed an order compelling appraisal and remanded for an evidentiary hearing on whether the insured “sufficiently complied” with post-loss obligations. Neither the trial court nor the Insureds had the benefit of this court’s recent opinion in State Farm Insurance Company v. Cardelles, 159 So.3d 239 (Fla. 3d DCA 2015), which clarified the law in this district.
In Cardelles, this court explained that all post-loss obligations must be satisfied before a trial court can exercise its discretion to compel appraisal: “a full reading of Mango 12 ... confirms that ‘sufficient compliance’ still requires that all post-loss obligations be satisfied before the trial court can properly exercise its discretion to compel appraisal.” Id. at 241.
The Insureds in this case failed to comply with all post-loss obligations. For ex*560ample, they failed to produce necessary documentation and protect the property from further damage as required by the governing policy. Given their failure to comply with these obligations, the trial court erred in ordering appraisal.
Reversed and remanded.
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State Farm Fla. Ins. Co. v. Xirinachs, 251 So. 3d 221 (Fla. 3d DCA 2018)…9,719.25 for alleged hurricane damage, including $6,488.18 for replacement of the shingle roof. The insureds eventually filed suit against State Farm over the supplemental claim. The matter came before us in State Farm Insurance Co. v. Xirinachs, 163 So. 3d 559 (Fla. 3d DCA 2015) (Xirinachs I), where this Court reversed the trial court’s order compelling an appraisal. On remand, State Farm filed a motion for summary judgment based upon language of Xirinachs I finding 1 State Farm also paid the insureds…
Authorities Cited
- Citizens Prop. Ins. Corp. v. Mango Hill Condo. Ass'n 12 Inc., 54 So. 3d 578 (Fla. 3d DCA 2011)
- State Farm Fla. Ins. Co. v. Miguel and Graciela Cardelles, 159 So. 3d 239 (Fla. 3d DCA 2015)