Jyurovat v. Universal Property & Casualty Insurance
84 So. 3d 1238
| Fla. Dist. Ct. App. | 2012Background
- House fire in January 2008; Jyurovat files claim with Universal Property & Casualty Insurance.
- Appraisers Bateman (Jyurovat) and Aplin (Universal) appoint umpire Dawson; umpire panel unable to issue timely decision.
- December 8, 2008 Bateman purported to terminate Dawson as umpire over objections.
- Jyurovat sues Universal December 29, 2008 seeking declaratory relief and appointment of a new umpire.
- Universal asserts Jyurovat breached the appraisal process by terminating the umpire and filing suit before completion; trial court granted summary judgment against Jyurovat.
- Court reverses and remands for fact-finding on whether there was a material breach and whether actions were willful or substantial enough to bar recovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bateman lacked authority to terminate the umpire | Jyurovat | Universal | material breach question for fact-finder; not proper for summary judgment |
| Whether filing suit before appraisal completion violated policy terms | Jyurovat | Universal | fact question; not resolved as a matter of law on summary judgment |
| Whether Jyurovat’s cooperation negates a material breach | Jyurovat cooperated | Universal alleges breach due to termination and timing | summary judgment inappropriate; issues of material breach for trial |
Key Cases Cited
- Goff v. State Farm Fla. Ins. Co., 999 So.2d 684 (Fla. 2d DCA 2008) (insurer failure to include overhead and profit mispricing; appraisal context)
- State Farm Fla. Ins. Co. v. Seville Place Condo. Ass'n, 74 So.3d 105 (Fla. 3d DCA 2011) (insurer removal/remedial avenues for appraisal disputes)
- Preferred Nat'l Ins. Co. v. Miami Springs Golf Villas, Inc., 789 So.2d 1156 (Fla. 3d DCA 2001) (insurer engagement with appraisal process; court-ordered actions)
- Weinger v. State Farm Fire & Cas. Co., 620 So.2d 1298 (Fla. 4th DCA 1993) (insureds' motions to recuse umpire; appraisal disputes)
- Mt. Hawley Ins. Co. v. Adlor?, 752 F.Supp.2d 1282 (S.D.Fla.2010) (insurer and insured conduct during appraisal; belated compliance remedies)
- Cent. Metal Fabricators v. Travelers Indem. Co. of Am., 703 So.2d 1251 (Fla. 3d DCA 1998) (willful breach; stay or dismissal without prejudice for belated compliance)
- Southgate Gardens Condo. Ass'n v. Aspen Specialty Ins. Co., 622 F.Supp.2d 1332 (S.D.Fla.2008) (presuit conditions and appraisal-related disputes)