FENTON WILLIAMS
v.
CITIZENS PROPERTY INSURANCE CORP.
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 insurer may invoke appraisal and retain a coverage defense simultaneously, contrary to the rule that applies to insureds, who cannot seek appraisal until coverage is determined.
[1] An insurance company can invoke appraisal while still retaining a coverage defense.
[2] A trial court's mistaken belief regarding the timing of an insurer's right to appraisal may warrant reversal and remand.
Previewing 2 of 4 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“An insurer, however, can invoke appraisal and still retain a coverage defense.”
Court explaining the distinction between insured and insurer rights regarding appraisal
A homeowner appealed a trial court order compelling appraisal in a property insurance dispute with Citizens Property Insurance Company. The trial cour…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Right To Appraisal cases and more on FLexlaw
PER CURIAM.
A homeowner, Fenton Williams, appeals an order compelling appraisal. The homeowner argues in part that the trial court applied the wrong standard in determining whether the insurance company waived its right to appraisal. The insurance company acknowledges that the trial court mistakenly concluded that the insurer could not invoke appraisal until coverage was determined but argues that we should affirm for other reasons. We reverse and remand for the trial court to reconsider this issue under the correct standard.
At the insurance company’s invitation, the trial court relied on Florida Insurance Guaranty Association, Inc. v. Martucci, 152 So. 3d 759 (Fla. 5th DCA 2014), and reasoned that the company could not have waived appraisal by taking inconsistent action until after coverage was resolved. Martucci addresses an insured’s right to appraisal. An insured cannot seek appraisal until coverage is determined. An insurer, however, can invoke appraisal and still retain a coverage defense. See State Farm Fire & Cas. Co. v. Licea, 685 So. 2d 1285, 1288 (Fla. 1996); Liberty Am. Ins. Co.
v. Kennedy, 890 So. 2d 539, 541–42 (Fla. 2d DCA 2005) (recognizing that “submission of the claim to appraisal does not foreclose Liberty American from challenging an element of loss as not being covered by the policy”). On appeal, the insurance company agrees that it could have invoked appraisal earlier.
Because the trial court mistakenly believed that the insurer had to await determination of coverage, the court did not rule on the homeowner’s full waiver argument. Accordingly, we reverse and remand for the trial court to reconsider whether the insurer’s actions in this case amount to waiver. LEVINE, C.J., GROSS, and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State Farm Fire & Cas. Co. v. Elicer Licea, 685 So. 2d 1285 (Fla. 1996)
- Liberty Am. Ins. v. Kennedy, 890 So. 2d 539 (Fla. 2d DCA 2005)
- Fla. Ins. Guar. Ass'n, Inc. v. Martucci, 152 So. 3d 759 (Fla. 5th DCA 2014)