In Heritage Property & Casualty Insurance Company v. Wellington Place HOA, Inc., No. 4D2022-2749 (Fla. 4th DCA September 13, 2023), the Insureds claimed roof damage following Hurricane Irma. The Insurer provided coverage for the loss but did not settle or close the claim. The Insureds later sought payment for additional roof damage and damage to windows and doors. Following the Insurer’s failure to settle the claim, the Insureds filed suit and the trial court granted the Insureds’ motion to stay litigation and compel appraisal. On appeal, the Insurer argued that appraisal is not ripe, as the subsequently reported damage constituted a re-opened claim or supplemental claim for which coverage had yet to be determined. In affirming the trial court’s order, the Fourth DCA held that absent policy language requiring further coverage determinations, where an insurer admits a loss is covered and proceeds to hold the claim open for further adjustment, a dispute regarding additional or supplemental damage under the claim is one concerning the amount of loss which is ripe for appraisal.
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