PEOPLE'S TRUST INSURANCE COMPANY
v.
ANTONIO J. SOCARRAS AND RACHEL SOCARRAS
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When an insurer reasonably disputes whether an insured has sufficiently complied with a policy's post-loss conditions to trigger the appraisal provision, a question of fact must be resolved by the trial court before the court may compel appraisal.
[1] While the interpretation of insurance contract terms presents a question of law, whether an insured has substantially complied with post-loss conditions stated in the pol…
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Join FLexlaw to unlock all legal intelligence“When an insurer reasonably disputes whether an insured has sufficiently complied with a policy's post-loss conditions so as to trigger the policy's appraisal provision, a question of fact is created that must be resolved by the trial court before the trial court may compel appraisal.”
From People's Trust Ins. Co. v. Ortega, cited as controlling precedent
People's Trust Insurance Company appealed non-final orders from the Circuit Court for Miami-Dade County regarding a dispute with insureds Antonio J. S…
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PER CURIAM.
Affirmed. See People’s Trust Ins. Co. v. Ortega, 2020 WL 3443454, at *3 (Fla. 3d DCA June 24, 2020) (“We have held that when an insurer reasonably disputes whether an insured has sufficiently complied with a policy's post-loss conditions so as to trigger the policy’s appraisal provision, a question of fact is created that must be resolved by the trial court before the trial court may compel appraisal. United Prop. & Cas. Ins. v. Concepcion, 83 So. 3d 908, 910 (Fla. 3d DCA
2012) (citing Citizens Prop. Ins. v. Gutierrez, 59 So. 3d 177 (Fla. 3d DCA 2011);
Citizens Prop. Ins. v. Mango Hill Condo. Ass'n 12 Inc., 54 So. 3d 578 (Fla. 3d DCA
2011); Citizens Prop. Ins. Corp. v. Maytin, 51 So. 3d 591 (Fla. 3d DCA 2010)).”);
Am. Integrity Ins. Co. v. Estrada, 276 So. 3d 905, 914 (Fla. 3d DCA 2019) (“[W]hile the interpretation of the terms of an insurance contract normally presents an issue of law, the question of whether certain actions constitute compliance with the contract often presents an issue of fact. See State Farm Fla. Ins. Co. v. Figueroa, 218 So. 3d
886, 888 (Fla. 4th DCA 2017) (‘Whether an insured substantially complied with policy obligations is a question of fact.’ (emphasis added); Solano v. State Farm Fla.
Ins. Co., 155 So. 3d 367, 371 (Fla. 4th DCA 2014) (‘A question of fact remains as to whether there was sufficient compliance with the cooperation provisions of the policy to provide State Farm with adequate information to settle the loss claims or go to an appraisal, thus precluding a forfeiture of benefits owed to the insureds.’) (emphasis added).”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
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People's Tr. Ins. Co. v. Socarras, 276 So. 3d 905 (Fla. 3d DCA 2020)…PER CURIAM. Affirmed. See People’s Trust Ins. Co. v. Ortega, 2020 WL 3443454, at *3 (Fla. 3d DCA June 24, 2020) (“We have held that when an insurer reasonably disputes whether an insured has sufficiently complied with a policy's post-loss conditions so as to trigger the policy’s appraisal provision, a question of fact is cre…1 / 2
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Arguello v. People's Tr. Ins. Co., 315 So. 3d 35 (Fla. 4th DCA 2021)
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Anchor Prop. & Cas. Ins. Co. v. Trif, 322 So. 3d 663 (Fla. 4th DCA 2021)
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Citizens Prop. Ins. Corp. v. Mango Hill Condo. Ass'n 12 Inc., 54 So. 3d 578 (Fla. 3d DCA 2011)
- People's Tr. Ins. Co. v. Socarras, 276 So. 3d 905 (Fla. 3d DCA 2020)
- Citizens Prop. Ins. Corp. v. Maytin, 51 So. 3d 591 (Fla. 3d DCA 2010)
- Citizens Prop. Ins. Corp. v. Cecilio Gutierrez and Noemi Gutierrez, 59 So. 3d 177 (Fla. 3d DCA 2011)
- Solano v. State Farm Fla. Ins. Co., 155 So. 3d 367 (Fla. 4th DCA 2014)
- State Farm Fla. Ins. Co. v. Dina Figueroa, 218 So. 3d 886 (Fla. 4th DCA 2017)
- United Prop. & Cas. Ins. Co. v. Concepcion, 83 So. 3d 908 (Fla. 3d DCA 2012)