PEOPLE'S TRUST INSURANCE COMPANY
v.
PHILIPPE PELLICER
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A trial court must conduct an evidentiary hearing to determine the insured's compliance with post-loss obligations under an insurance policy before compelling appraisal of a claim.
[1] An evidentiary hearing must be conducted to determine whether an insured complied with post-loss obligations under an insurance policy before compelling appraisal of the…
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Join FLexlaw to unlock all legal intelligencePTIC denied appraisal of a property insurance claim. The trial court granted Pellicer's motion to compel appraisal despite the parties' agreement that…
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PER CURIAM. People’s Trust Insurance Company (“PTIC”) appeals the trial court’s nonfinal order granting appellee’s motion to compel appraisal of a claim under a property insurance policy. Upon review of the record and the appellate briefs, we accept appellee’s concession of error and reverse.
The trial court granted appellee’s motion to compel appraisal despite the parties’ agreement that an evidentiary hearing was needed to address PTIC’s position that appellee did not comply with its post-loss obligations under the governing insurance policy. The trial court must conduct that hearing to determine the necessity or sufficiency of appellee’s compliance with those policy obligations. Am. Coastal Ins. Co. v. Quadomain Condo. II Ass’n, 294 So. 3d 921, 922 (Fla. 4th DCA 2020); Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010); People’s Tr. Ins. Co. v. Ortega, 306 So. 3d 280, 284 (Fla. 3d DCA 2020).
Reversed and remanded. LEVINE, C.J., WARNER and CIKLIN, JJ., concur.
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* * * Not final until disposition of timely filed motion for rehearing.
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Barbato v. State Farm Fla. Ins. Co., 319 So. 3d 96 (Fla. 3d DCA 2021)
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People's Tr. Ins. Co. v. Philippe Pellicer, 294 So. 3d 921 (Fla. 4th DCA 2021)
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People's Tr. Ins. Co. v. Errol A. Polanco, 354 So. 3d 557 (Fla. 4th DCA 2023)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129 (Fla. 4th DCA 2010)
- People's Tr. Ins. Co. v. Philippe Pellicer, 294 So. 3d 921 (Fla. 4th DCA 2021)