Case Law Summary
Pino-Santoro v. Citizens Property Ins. Corp. 15 Fla. L Weekly Supp. 463b (Circuit Court Order, 17th Judicial Circuit, Broward County, February 25, 2008
In this Circuit Court matter the trial court granted the insured’s motion to confirm appraisal award. The insured had filed suit for Citizens’ failure to fully compensate the insured for property damage from hurricanes Katrina and Wilma. State Farm Automobile Ins. Co. v. O’Hearn 33 Fla. L. Weekly D708a, ___So.2d ___ (Fla. 2d DCA 2008).
O’Hearn filed a claim for uninsured motorist benefits under her automobile policy. State Farm offered $5,000 to settle the UM claim, but O’Hearn rejected the settlement offer. O’Hearn then filed a complaint asserting a claim for bad faith. The complaint alleged State Farm had determined the value to be $5,000, however, it also alleged the value of the claim far exceeded $5,000. State Farm v. Ondis, Citizens v. Ueberschaer State Farm v. Ondis, 33 Fla. L. Weekly S224a; Citizens v. Ueberschaer, 33 Fla. L. Weekly S223a (Fla. 2008).
In the lower court ruling, the First District Court of Appeal held in each case that the pre-2005 Valued Policy Law (F.S. 627.701(1)) required payment of the face amount of the policy when the building was a total loss, even if the damage was from a covered peril and an excluded peril. Banat Investment Corp. v. Certain Interested Underwriters at Lloyd’s 15 Fla. L. Weekly Supp. 361a (Circuit Court Order, 19th Judicial Circuit, Martin County, January 11, 2008).
The Circuit Court in this matter granted defendant’s (Underwriters) motion to compel appraisal, noting that appraisal is not inconsistent with a coverage defense; an insurer can challenge the amount of loss and coverage at the same time. |
Attorney Q and A
FIGA & F.S. 631.68 Filing Deadline: An important update from Attorney Donna DeVaney 
There has been a great deal of confusion about the application of Florida Statute 631.68 to the June 2, 2008 filing deadline on Poe claims.
Q. What are Poe claims?
Poe is the umbrella group of insurance companies, Southern Family, Atlantic Preferred, and Florida Preferred, that went into receivership following the 2004-2005 hurricane seasons. The court-ordered filing deadline for proof of claims with the receiver, pursuant to F.S. 631.181(3), was on June 1, 2007. |
Legislation of Interest
CS/SB 2012 This was passed by both Houses and is currently awaiting signature by the Governor to become law. Among the provisions of the legislation are sections which limit fees public adjusters can charge, solicitation and contract cancellation, and creation of a new type of license for public adjuster apprentice. |
Merlin in the News
New Houston office to be opened The Merlin Law Group announces the upcoming opening of their newest office in Houston, Texas, in June 2008. Attorney Tina Nicholson will head-up the office. The office is located at Three Riverway Office Tower, Suite 1375, Houston, Texas 77056. For further information please feel free to contact us toll free at 877-449-4700.
Associated Press: Some Charley victims say insurer short-changed them The Merlin Law Group’s efforts on behalf of victims of Hurricane Charley against United Casualty Insurance Company of America again made the news. On May 12th the Associated Press published an article describing how several families received grossly inadequate reimbursement for damages suffered in the hurricane, which hit almost four years ago. Because of the meager claims payments, many Arcadia residents have been unable to fix their homes and are living with leaky roofs, foundations damage, and potential mold problems. |
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