The insured has blocked the repairs and can no longer recover the damage from the insurer


The Florida Third District Court of Appeals upheld without comment a 2020 Miami-Dade Circuit Court ruling that an insured cannot recover damages from an insurance company s does not comply with the policy and does not authorize the insurer to carry out the necessary repairs. The case is Rose c. Fla. Peninsula Ins. Co., no. 3D21-435, 2022 Fla. App. LEXIS 5183 (Dist. Ct. App. July 27, 2022).

The claim began nearly a decade ago, in 2013, when the Roses said their home suffered water damage from a leak. The property was inspected the day of the damage and less than two weeks later, the Florida Peninsula informed the Roses that it was exercising its option to repair, in accordance with policy. The letter included a proof of loss form, but specifically stated that the Florida Peninsula did not require the Roses to complete the form. Between the date that Florida Peninsula invoked the right of repair and the present, the insurer has never been authorized to repair plaintiff’s property, despite its requests and a stay granted by a previous judge in the case.

This premium content is locked for
Insurance Coverage Law Center subscribers only.

Enjoy unlimited access to the single source of objective legal analysis, practical information and news for the insurance industry.

  • Access the latest expert analysis and daily developments across all jurisdictions
  • Solve complex research problems with expert tools and insights
  • Get expert advice on insurance coverage

Already have an account? Log in now
For enterprise or enterprise-wide access, please contact our sales department at 1-800-543-0874 or email [email protected].


Comments are closed.