ALL INSURANCE RESTORATION SERVICES, INC.
v.
CITIZENS PROPERTY INSURANCE CORPORATION

Fla. 4th DCA | 2021-11-24
No. 21-0077
Clifford, Glassman, Hornby, McKusick, Roberts, Wathen
46 Fla. L. Weekly D2245 Florida District Court of Appeal, Fourth District (2021) Positive Treatment
Cited by 1 case

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Holding

An insurer is entitled to summary judgment on reasonable emergency measures expenses when the restoration company fails to request permission to exceed the policy limit before incurring expenses above that threshold.


Headnotes

[1] A restoration company seeking recovery for emergency measures expenses exceeding a policy limit must request the insurer's authorization to exceed the limit before incurr…

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Key Quotes

“insurer entitled to summary judgment on the issue of reasonable emergency measures expenses '[b]ecause [the restoration company] did not make a request to exceed the policy limit prior to exceeding the limit for the work performed'”

Citation to Damages Services, Inc. v. Citizens Property Insurance Corporation establishing the requirement for prior authorization

Facts & Procedural History

All Insurance Restoration Services sought recovery for emergency measures expenses from Citizens Property Insurance Corporation. The restoration compa…

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Opinion of the Court

PER CURIAM.

Affirmed. See Damages Servs., Inc. v. Citizens Prop. Ins. Corp., 46 Fla. L. Weekly D2245, D2246 (Fla. 4th DCA Oct. 13, 2021) (insurer entitled to summary judgment on the issue of reasonable emergency measures expenses “[b]ecause [the restoration company] did not make a request to exceed the policy limit prior to exceeding the limit for the work performed” (emphasis added)); Certified Priority Restoration v. Universal Ins. Co. of N. Am., No. 4D21-374, 2021 WL 3641850, at *3 (Fla. 4th DCA Aug. 18, 2021) (insurer entitled to summary judgment where restoration company “failed to request the insurer allow it to exceed the $3,000 limit before submitting the invoice for the completed work” (emphasis added)). CONNER, C.J., MAY and DAMOORGIAN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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