CITIZENS PROPERTY INSURANCE CORPORATION, APPELLANT,
v.
NIURKA SIMONEAU AND JORGE L. PEREZ, APPELLEES
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Florida appellate court reversed judgment awarding money damages for sinkhole repairs, holding that insurer may withhold payment until insureds enter into a contract for subsurface repairs as required by the insurance policy.
An insurer may withhold payment for subsurface repairs until the insureds enter into a contract for those repairs, as required by the policy's loss settlement provision.
[1] An insurer's obligation to pay for subsurface repairs under an insurance policy is conditioned on the insureds entering into a contract for those repairs, and a trial cou…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Based on the jury's finding of coverage, the trial court was obligated to enforce the contract, including the policy's restrictions on Citizens' obligations to pay for the cost of the repair for subsurface damages.”
Court's reasoning that contract enforcement requires compliance with policy restrictions on payment for subsurface repairs.
Citizens Property Insurance Corporation issued a homeowner's policy to Niurka Simoneau and Jorge L. Perez covering sinkhole damage. Citizens conceded …
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Citizens Property Insurance Corporation challenges a final judgment for money damages entered in favor of its insureds, Niurka Simoneau and Jorge L. Perez, following a jury trial after Citizens conceded the existence of sinkhole activity — a covered loss under the insurance contract— but disputed the necessary method of subsurface repair. In the sole issue on appeal, Citizens argues that the trial court erred in denying its motion to require the insureds to enter into a contract for subsurface repairs before entering a money 'judgment. We agree. See Citizens Prop. Ins. Corp. v. Amat, 41 Fla. L. Weekly D448, D450, 198 So.3d 730, 2016 WL 670189 (Fla. 2d DCA Feb. 19, 2016) (“Based on the jury’s finding of coverage, the trial court was obligated to enforce the contract, including the policy’s restrictions on Citizens’ obligations to pay for the cost of the repair for subsurface damages.”); see also Tower Hill Select Ins. Co. v. McKee, 151 So.3d 2, 4 (Fla. 2d DCA 2014) (“Because the insurance policy contained a loss settlement provision tracking the language of section 627.707(5)(b), Florida Statutes (2010), Tower Hill had the authority to withhold payment for subsurface repairs until McKee entered into a contract for those repairs.”), reh’g granted (Oct. 27, 2014), review denied, 163 So.3d 511 (Fla.2015). Accordingly, we reverse the final judgment to the extent that it awarded money damages for subsurface repairs without requiring the insureds to enter into a contract for those repairs. We affirm the final judgment in all other respects.
Affirmed in part, reversed in part, and remanded.
SILBERMAN and BLACK, JJ., Concur.
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Citator
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Ringelman v. Citizens Prop. Ins. Corp., 228 So. 3d 602 (Fla. 5th DCA 2017)…the cost of the subsurface repairs' until the Homeowners enter' into a contract for those repairs,” Id. at 735. The Second District Court has reached the same conclusion in several additional eases. See, e.g., Citizens Prop. Ins. Corp. v. Simoneau, 197 So. 3d 70, 71 (Fla. 2d DCA 2016); Citizens Prop. Ins. Corp. v. Blaha, 194 So. 3d 411, 416 (Fla. 2d DCA 2016); Citizens Prop. Ins. Corp. v. Retz, 193 So. 3d 1084, 1084 (Fla. 2d DCA 2016). During oral argument in this case, the parties answered questions from…
Authorities Cited
- Tower Hill Select Ins. Co. v. McKEE, 151 So. 3d 2 (Fla. 2d DCA 2014)
- Citizens Prop. Ins. Corp. v. Ariety Amat and Briceida Leon, 198 So. 3d 730 (Fla. 2d DCA 2016)