Fla. Appeals Court Reverses Award of Summary Judgment to Insured in Hurricane Damage Action

WEST PALM BEACH, Fla. — A Florida appeals court has reversed an award of summary judgment to a policyholder in a hurricane damage coverage action, ruling that a question of fact exists as to whether the insured was forced to file a breach of contract action against the insurer.

In a Nov. 18 opinion, the Florida Court of Appeal, 4tth District, said there is evidence in the record that the policyholder’s claim had been fully resolved through the appraisal process, adding that that the insurer’s voluntary payment of the appraisal award was not a confession of judgment.

Lime Bay …