TREASURE CAY CONDOMINIUM ASSOCIATION, INC., ETC.
v.
FRONTLINE INSURANCE UNLIMITED COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An insured must comply with all post-loss obligations under an insurance policy, including submission to examination under oath, before appraisal may be compelled or the insurer's duties triggered.
[1] An insured's failure to comply with post-loss obligations under an insurance policy, including submission to examination under oath, constitutes material breach that reli…
[2] Appraisal under an insurance policy requires a genuine disagreement between the insured and insurer based on meaningful exchange of information; a unilateral disagreement…
Previewing 2 of 2 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“By these terms, the disagreement necessary to trigger appraisal cannot be unilateral. As expressly indicated in the parties' agreement, the failure to agree must be between the 'you' and the 'we.' In other words, by the terms of the contract, it was contemplated that the parties would engage in some meaningful exchange of information sufficient for each party to arrive at a conclusion before a disagreement could exist.”
U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467, 469–70 (Fla. 3d DCA 1999), cited for the principle that appraisal requires mutual disagreement based on meaningful exchange of information.
Treasure Cay Condominium Association sought appraisal under an insurance policy issued by Frontline Insurance Unlimited Company. The insured failed to…
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Third District Court of Appeal State of Florida
Opinion filed October 1, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1196 Lower Tribunal No. 19-CA-269-M ________________
Treasure Cay Condominium Association, Inc., a/k/a Treasure Cay Condo Assoc., Inc., Appellant,
vs.
Frontline Insurance Unlimited Company, Appellee.
An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.
Ver Ploeg & Marino, P.A., and Stephen A. Marino, Jr., Benjamin C. Hassebrock, Rochelle N. Wimbush, Derrick S. Natal, and Jacob M. Schuster, for appellant.
Berk, Merchant & Sims, PLC, and Patrick E. Betar and Melissa M. Sims, for appellee.
Before SCALES, C.J., and LOBREE, and GOODEN, JJ.
2
PER CURIAM.
Affirmed. See State Farm Fla. Ins. Co. v. Xirinachs, 251 So. 3d 221, 222–23 (Fla. 3d DCA 2018) (“Based upon the facts and insurance policy in this case, the insured’s failure to comply with their post-loss obligations relieved State Farm of any duties under the policy as to the supplemental claims sought by the insured.”); State Farm Fla. Ins. Co. v. Hernandez, 172 So. 3d 473, 477 (Fla. 3d DCA 2015) (“Thus, a trial court reversibly errs by compelling appraisal before an insured has complied with his post-loss obligations.”); First Home Ins. Co. v. Fleurimond, 36 So. 3d 172, 174 (Fla. 3d DCA 2010) (“We have held that the insured must meet all of the policy’s postloss obligations before appraisal may be compelled. This includes the obligation to submit to an EUO.”) (internal citation omitted); U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467, 469–70 (Fla. 3d DCA 1999) (“By these terms, the disagreement necessary to trigger appraisal cannot be unilateral. As expressly indicated in the parties' agreement, the failure to agree must be between the ‘you’ and the ‘we.’ In other words, by the terms of the contract, it was contemplated that the parties would engage in some meaningful exchange of information sufficient for each party to arrive at a conclusion before a disagreement could exist.”); Stringer v. Fireman’s Fund Ins. Co., 622 So. 2d 145, 146 (Fla. 3d DCA 1993) (“The failure to submit to an
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)
- Davis v. State, 622 So. 2d 145 (Fla. 1st DCA 1993)
- First Home Ins. Co. v. Fleurimond, 36 So. 3d 172 (Fla. 3d DCA 2010)
- State Farm Fla. Ins. Co. v. Xirinachs, 251 So. 3d 221 (Fla. 3d DCA 2018)