State Farm Florida Insurance Co. v. Seville Place Condominium Ass'n
2011 Fla. App. LEXIS 11314
| Fla. Dist. Ct. App. | 2011Background
- Seville Place Condominium Association sustained hurricane-related wind damage to roofs in 2005; policy provided appraisal to resolve disputed loss values.
- Association demanded appraisal in October 2006 after initial insurer payments totaling $90,564.62; Association valued loss over $4.6 million.
- State Farm and Association proceeded to appraisal; trial court appointed neutral umpire and allowed informal production of loss basis.
- State Farm sought removal of the umpire and a new panel; an appraisal award fixed the loss at $2,960,405, excluding interest, costs, and fees.
- Post-appraisal, the trial court confirmed the award and allowed amendments adding statutory bad faith, common-law good-faith breach, and punitive damages claims.
- State Farm petitioned for certiorari to challenge the nonfinal order; the district court denied relief, clarifying certiorari standards for such prefinal orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether certiorari review was proper to challenge amendments adding bad faith and punitive damages before final judgment | State Farm argues irreparable injury from allowing premature claims. | Seville Place contends amendments are permissible and do not cause irreparable injury. | Petition denied; no irreparable injury shown; jurisdiction not established. |
| Whether the irreparable-harm requirement for certiorari was satisfied in this context | Irreparable harm would result from premature bad-faith claims. | No irreparable harm until final judgment and complete policy-phase resolution. | Not satisfied; petition denied. |
| Whether the court should review nonfinal orders adding premature bad-faith claims under certiorari | Premature bad-faith remedy would prejudice insurer if not reviewed. | Amendments should be reviewable later on appeal after final judgment. | Court declines to exercise jurisdiction; denies petition. |
| What the en banc decision communicates about certiorari jurisdiction over premature bad-faith claims | Certiorari should protect against premature claim handling. | Continued avoidance of premature-review cases is appropriate. | Certiorari is not proper here; does not decide merits; stays consistent with delaying review until proper case. |
Key Cases Cited
- Vest v. Travelers Ins. Co., 753 So.2d 1270 (Fla.2000) (premature bad-faith action depends on coverage and loss determination)
- State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So.2d 55 (Fla.1995) (premature bad-faith action guidance in coverage-loss context)
- Belair v. Drew, 770 So.2d 1164 (Fla.2000) (certiorari jurisdiction and irreparable-harm requirement clarified)
- Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla.2d DCA 1995) (three-step certiorari framework and jurisdictional threshold)
- North Pointe Ins. Co. v. Tomas, 999 So.2d 728 (Fla.3d DCA 2008) (prematurity of bad-faith claim and abatement considerations)
- XL Specialty Ins. Co. v. Skystream, Inc., 988 So.2d 96 (Fla.3d DCA 2008) (premature bad-faith discovery issues/limitations on certiorari)
- O'Hearn, 975 So.2d 633 (Fla.2d DCA 2008) (certiorari review limits on premptive bad-faith claims)