The Eleventh Circuit recently held that the district court's order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 27961 (11th Cir.
Hurricane
Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
By Tred R. Eyerly on
The trial court's order granting the insured's motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured's additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct. App. Sept. 13, 2023).
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Insureds’ Experts Insufficient to Survive Insurer’s Motion for Summary Judgment
By Tred R. Eyerly on
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur. Co., 2023 U.S. Dist. LEXIS 142408 (E.D. Texas July 17, 2023).
The insureds' property sustained damage from Hurricane Laura. Colonial Claims inspected…
Appraisal Request Found Inappropriate When Causation at Issue
By Tred R. Eyerly on
The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023).
Buildings at the Enclave were…
Insured Given Opportunity to Amend Bad Faith Claim after Judgment on the Pleadings Granted
By Tred R. Eyerly on
The court dismissed the insured's claims, but allowed the insured to file an amended compliant on its claim for deceptive and unfair trade practices. Cornerstone Assembly of God, Inc. v. Brotherhood Mut. Ins. Co., 2023 U.S. Dist. LEXIS 113864.
The insured church held a policy issued by Brotherhood Mutual Insurance…
Jury’s Verdict for Loss Caused by Collapse Overturned
By Tred R. Eyerly on
The Florida Court of Appeal overturned the jury's verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023).
The insured homeowners had two claims. One was a 2016 ceiling collapse; the second was loss caused…
Eleventh Circuit Affirms Jury Verdict on Covered Property Loss
By Tred R. Eyerly on
The Eleventh Circuit affirmed the district court's denial of a motion for a new trial after the jury determined the insurer owed policy benefits for hurricane damage to the insured's property. AM Grand Court Lakes LLC v. Rockhill Ins. Co., 2023 U.S. App. 13902 (11th Cir. June 5, 2023).
AM…
Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal
By Tred R. Eyerly on
The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Ass'n, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023).
Following Hurricane Irma, Breakwater Commons Association filed a claim with Empire Indemnity…
Order Compelling Appraisal Is Not Final Appealable Order
By Tred R. Eyerly on
The Eleventh Circuit determined that the district court's order compelling an appraisal was not an appealable order under 28 U.S.C. 1291. Positano Place at Naples I Condominium Assoc., Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 13416 (11th Cir. May 31, 2023).
Empire issued a policy to Positano…
Claim Denied for Insufficient Notice
By Tred R. Eyerly on
The court found that an incomplete notice of the claim was insufficient to trigger coverage. Gray v. Fla. Peninsula Ins. Co., 2023 Flag. App. LEXIS 3406 (Fla. Ct. App. May 19, 2023).
Hurricane Irma damaged the insureds' roof when it struck on September 10, 2017. A Florida statute required that…