The Florida Court of Appeal affirmed an order compelling an appraisal because the insureds complied with their post-loss obligations under the policy. State Farm Fla. Ins. Co. v. Cardelles, 2015 Fla. App. LEXIS 2559 (Fla. Ct. App. Feb. 25, 2015).
The insureds suffered damage to their home after Hurricane Katrina on August 25, 2005, and again after Hurricane Wilma on October 24, 2005. After each hurricane, State Farm was notified. With the assistance of their public adjuster, the insureds submitted sworn proofs of loss for damages caused by each hurricane. After the deductible, State Farm paid $19,000 for the Hurricane Katrina claim and $13,000 for the Hurricane Wilma claim. The insureds repaired their roof and made minor repairs to their home with the State Farm payment, but claimed the payment was insufficient to fully repair the damage from the two hurricanes.
Four years later, the insureds hired a second public adjuster, who submitted a supplemental claim to State Farm for $127,000 in damages. State Farm requested documents and an updated sworn proof of loss. The insureds did not submit any additional documents because they had not made any additional repairs without further payment from State Farm. The insureds did, however, allow State Farm to make a further inspection of the damages.
After State Farm refused to make any additional payments, the insureds sued. State Farm moved for summary judgment, contending the insureds had failed to comply with their post-loss obligations to provide the requested documentation. The insureds responded with a Motion to Compel Appraisal and Abate the Action. The trial court denied State Farm's motion for summary judgment. Subsequently, the trial court granted the motion for appraisal, and ordered a detailed appraisal to determine the amount of damages and the cause of each item of damage within ninety days.
State Farm appealed the granting of the motion for appraisal. The appellate court affirmed. The trial court found that the insureds sufficiently complied with the policy's post-loss obligations. The appellate court could not say that the trial court abused its discretion by compelling an appraisal on these facts. Because the damages were the same as those claimed from the original hurricane damage, State Farm already had all the required documentation of the damages. Further, the insureds agreed to open their home to State Farm for further inspection of the damages.