In Certified Priority Restoration a/a/o James Krempler v. Citizens, No. 4D21-149 (June 30, 2021), the Fourth District Court of Appeal upheld summary judgment in favor of Citizens based on the Reasonable Emergency Measures language of its policy.
Certified Priority Restoration (CPR) had executed an assignment of benefits with the insured, with a term of the assignment stating it was operating “as a direct request to (Citizens) for approval to exceed” the $3,000.00 policy limit for Reasonable Emergency Measures coverage.
This document was transmitted to Citizens as part of 18 separate documents sent by CPR, with no specific attention drawn to the provision and no attempt to formally request to exceed the $3,000.00 cap as required by the policy.
The appellate court found CPR’s “request” to be a “gotcha tactic” which is not permitted under Florida law. Therefore, Citizens was under no duty to pay CPR above and beyond the policy cap for Reasonable Emergency Measures. Read case here.
