Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

February 7, 2020 by Jennifer Kennedy

Insurance — Homeowners — Appraisal — Trial court properly ordered parties to submit to appraisal where insurer elected to repair covered loss and parties failed to agree on amount of loss, including scope of repairs — Appeals — Non-final orders — Court lacks jurisdiction to review portions of non-final order other than that ordering parties to submit to appraisal

45 Fla. L. Weekly D259a

Insurance — Homeowners — Appraisal — Trial court properly ordered parties to submit to appraisal where insurer elected to repair covered loss and parties failed to agree on amount of loss, including scope of repairs — Appeals — Non-final orders — Court lacks jurisdiction to review portions of non-final order other than that ordering parties to submit to appraisal

ERICK BAPTISTE and KENOL BAPTISTE, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D19-1462. L.T. Case No. 19-1383. Opinion filed February 5, 2020. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge. Counsel: The Diener Firm, P.A., and Warren Diener (Plantation); Greenspoon Marder LLP, and John H. Pelzer (Fort Lauderdale), for appellants. Beck Law, P.A., and Joshua S. Beck (Boca Raton); Brett R. Frankel, Jonathan Sabghir and Robert B. Gertzman (Deerfield Beach), for appellee.

(Before FERNANDEZ, LOGUE and SCALES, JJ.)

(SCALES, J.) Erick and Kenol Baptiste, the plaintiffs below, seek review of the trial court’s June 27, 2019 non-final order that, among other things, granted defendant below People’s Trust Insurance Company’s (“People’s Trust”) motion to compel an appraisal under a homeowner’s insurance policy. For the reasons that follow, we affirm that portion of the challenged order requiring the parties to submit to appraisal and, for lack of jurisdiction, we dismiss the appeal as to the remainder of the challenged order.

The record reflects that, after sustaining a loss as a result of Hurricane Irma, the Baptistes filed a homeowner’s insurance policy claim with People’s Trust, their insurer. People’s Trust inspected the Baptistes’ home and, on April 30, 2018, sent the Baptistes a notice letter that: (i) acknowledged the loss was covered; (ii) elected, pursuant to the subject policy’s Preferred Contractor Endorsement, to repair the damaged property; (iii) advised the Baptistes that “our assessment of your damages is that the cost of repair does not exceed your deductible”; and (iv) requested that, if the Baptistes disagreed with People’s Trust’s estimate and scope of repairs, the Baptistes submit a sworn proof of loss form detailing what the Baptistes believed were the proper cost and scope of repairs for this covered loss.

In response to the April 30, 2018 notice letter, the Baptistes provided People’s Trust with a sworn proof of loss form asserting that the damages to their home well exceeded the subject policy’s deductible. People’s Trust thereafter wrote to the Baptistes acknowledging receipt of their sworn proof of loss form and, pursuant to the appraisal provision contained within the policy’s Preferred Contractor Endorsement, demanded an appraisal.

Instead of going to appraisal, the Baptistes filed the instant two-count declaratory judgment action. In their lawsuit, the Baptistes seek, among other things: (i) a declaration that People’s Trust’s notice of election to repair their property was invalid; (ii) a declaration that the policy’s appraisal provision contained within the Preferred Contractor Endorsement does not apply; and (iii) a general determination of “the rights and duties of the parties under said insurance policy.”

In response to the Baptistes’ complaint, People’s Trust filed an omnibus motion seeking, among other things, an order compelling appraisal, dismissing the Baptistes’ complaint, enforcing People Trust’s right to repair the subject property, and requiring the Baptistes to pay the policy deductible to the contractor People’s Trust had authorized to make the repairs. On June 27, 2019, after conducting a hearing on People’s Trust’s motion, the trial court entered the challenged order.

Our careful review of the June 27, 2019 non-final order indicates that we have jurisdiction only to review that portion of the order that compels the parties to submit to the appraisal process outlined in the subject policy’s Preferred Contractor Endorsement. See Fla. R. App. P. 9.130(a)(3)(C)(iv) (permitting review of non-final orders that determine entitlement to an appraisal under an insurance policy); Citizens Prop. Ins. Corp. v. Calonge, 246 So. 3d 447, 449 (Fla. 3d DCA 2018) (“Our appellate jurisdiction to review non-final orders is limited to only those orders specifically scheduled in rule 9.130(a)(3).”). The relevant language of the governing provision1 requires appraisal where People’s Trust elects to repair a covered loss and, as occurred here, the parties fail to agree on the amount of loss, including the scope of repairs. Finding no error, we affirm that portion of the June 27, 2019 non-final order that compelled the parties to participate in the appraisal process. See People’s Trust Ins. Co. v. Garcia, 263 So. 3d 231 (Fla. 3d DCA 2019).

We lack jurisdiction to review, and express no opinion as to, the remaining portions of the trial court’s June 27, 2019 non-final order. See Saidin v. Korecki, 202 So. 3d 468, 470 (Fla. 1st DCA 2016) (recognizing that the district court’s jurisdiction to review certain aspects of a non-final order under rule 9.130(a) “does not extend to afford review of certain other matters the non-final order addresses”). Hence, we dismiss without prejudice the appeal as to the other portions of the subject order.

Dismissed in part, affirmed in part.

__________________

1The appraisal provision provides, in relevant part:

Where “we” elect to repair:

1. If “you” and “we” fail to agree on the amount of loss, which includes the scope of repairs, either may demand an appraisal as to the amount of loss and the scope of repairs. In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. The two appraisers will choose an umpire. If they cannot agree upon an umpire within 15 days, “you” or “we” may request that the choice be made by a judge of a court of record in the state where the “residence premises” is located. The appraisers will separately set the amount of loss and scope of repairs. If the appraisers submit a written report of an agreement to “us”, the amount of loss and scope of repairs agreed upon will be the amount of loss and scope of repairs. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of loss and the scope of repairs. Each party will pay its own appraiser, and bear the other expenses of the appraisal and umpire equally.

* * *

Filed Under: Uncategorized

Primary Sidebar

Blog Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982