Summary
The Florida Third District Court of Appeal affirmed the circuit court in an insurance dispute involving Treasure Cay Condominium Association and Frontline Insurance Unlimited Company. The court held, consistent with cited precedent, that an insured must comply with post-loss obligations, including submitting to an examination under oath and providing sufficient information, before appraisal may be compelled.
Holdings
- An insured must comply with the insurance policy's post-loss obligations, including submission to an examination under oath and a meaningful exchange of information sufficient to establish a disagreement, before appraisal may be compelled.
Questions Presented
- Whether the circuit court properly refused to compel appraisal before the insured complied with the policy's post-loss obligations.
Disposition
affirmed
Cases Cited (5)
- State Farm Fla. Ins. Co. v. Xirinachs, 251 So. 3d 221, 222–23 (Fla. 3d DCA 2018)(followed)
- State Farm Fla. Ins. Co. v. Hernandez, 172 So. 3d 473, 477 (Fla. 3d DCA 2015)(followed)
- First Home Ins. Co. v. Fleurimond, 36 So. 3d 172, 174 (Fla. 3d DCA 2010)(followed)
- U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467, 469–70 (Fla. 3d DCA 1999)(followed)
- Stringer v. Fireman’s Fund Ins. Co., 622 So. 2d 145, 146 (Fla. 3d DCA 1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…