People's Trust Insurance Company v. John L. Abraham and Lois Abraham

Summary

The Florida Second District Court of Appeal reversed a final judgment entered for John and Lois Abraham in their dispute with People's Trust Insurance Company over the insurer's election to repair covered property damage. The court held that a general contractor without a roofing license may subcontract roofing work and that the policy did not require the insurer itself to provide the contractor's licensure documentation. The case was remanded for entry of judgment for the insurer.

Holdings

1. The work authorization did not violate section 489.113 merely because RRT, a general contractor, lacked a roofing license. A general contractor without the applicable roofing license must subcontract the roofing work to a licensed roofing contractor while remaining responsible for the work.
2. The policy did not require People's Trust itself to provide or cause RRT to provide licensure documentation. It required the insurer to instruct RRT to provide the documentation and gave the insurer the option, but not the obligation, to assist by providing it.

Questions Presented

1. Whether the policy's work authorization contemplated an illegal contract under section 489.113, Florida Statutes, because RRT was a general contractor without a roofing license even though it could subcontract roofing work to licensed roofing contractors.
2. Whether the policy required People's Trust itself to provide or cause RRT to provide documentation of RRT's licensure and insurance.

Disposition

reversed_and_remanded