Citizens Property Insurance Corporation v. Elizabeth Diaz

Summary

The Third District Court of Appeal of Florida affirmed a nonfinal order denying Citizens Property Insurance Corporation’s motion to compel appraisal. The court held that Citizens’s appraisal demand failed to comply with the insurance policy’s requirement that the demand include an estimate describing the disputed property damage and estimated repair or replacement amounts.

Holdings

1. An insurer cannot compel appraisal when its written appraisal demand fails to include the policy-required estimate of the amount of the dispute supporting its position concerning the covered loss.
2. The court declined to issue an advisory opinion concerning the interplay between the policy's appraisal provision and section 627.70152(4), Florida Statutes (2024).
3. The court declined to consider whether Citizens's August 20, 2024 correspondence was sufficient to trigger appraisal because that argument was not presented to the trial court.

Questions Presented

1. Whether the trial court properly denied Citizens's motion to compel appraisal because its written appraisal demand failed to comply with the policy's requirement that the demand include an estimate of the amount in dispute.
2. Whether the appellate court should decide the asserted interplay between the policy's appraisal provision and section 627.70152(4), Florida Statutes (2024), in the first instance.
3. Whether Citizens's August 20, 2024 correspondence independently triggered the right to appraisal when that argument was not presented to the trial court.

Disposition

affirmed