FLORIDA STATE CASES

  • Insurance, Sinkhole litigation -- Neither “Concealment or Fraud” nor “Duties After Loss” provision in homeowner’s insurance policy required insured to provide insurer with expert’s sinkhole damage analysis solicited by insured after insurer had denied coverage for insured’s sinkhole claim. After insured sought coverage for alleged sinkhole damage, both insurer and insured hired experts to analyze the damage. The insurer denied coverage based on its expert’s report, and notified insured of same. Thereafter, insured hired an additional expert, who concluded that a sinkhole had caused the damage, and subsequently sued insurer for breach of contract. The trial court granted insurer’s motion for summary judgment, which argued that insured was precluded from coverage because the policy’s “Concealment or Fraud” and “Duties After Loss” provisions required insured to disclose the expert’s report to insurer prior to filing suit. The Second District Court of Appeal reversed, finding no such obligation existed for a denied claim. Herrera v. Tower Hill Preferred Insurance Company, No. 2D13-2402, 39 Fla. L. Weekly D2257a (Fla. 2d DCA Oct. 29, 2014) (Not final until time expires to file rehearing motion and, if filed, determined).