State Farm Florida Insurance Co. v. Silber
2011 Fla. App. LEXIS 16362
| Fla. Dist. Ct. App. | 2011Background
- Insurer paid initial claim; insured submitted supplemental claim; appraisal invoked to resolve loss amount.
- Umpire, agreed upon without court intervention, set loss at $55,431.19 excluding prior payments/deductibles.
- Insurer paid the appraisal amount within seven days; insured later sought prejudgment interest and fees.
- Trial court confirmed the appraisal award and awarded interest under §627.70131(5)(a) and fees.
- Insurer appealed, arguing paid appraisal cannot support interest or fees; Esposito governs appraisal awards already paid.
- Court reverses final judgment, holding no independent basis to confirm a paid appraisal award and no private action under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May prejudgment interest be awarded on a paid appraisal award? | Esposito bars confirming paid award; no private action for interest. | Interest allowed when statute applies; appraisal payment does not bar action. | No; final judgment reversed for interest not allowable. |
| Can a trial court confirm an appraisal award already paid to trigger fees? | Confirmation creates basis for attorney’s fees under 627.428. | Esposito prevents fees from paid appraisal. | No; fees improper where award already paid. |
| Does §627.70131(5)(a) independently support interest here? | Statutory right to prejudgment interest exists. | Statute not a sole basis for action; cannot be invoked here. | No independent basis; reversed. |
| Is there a viable alternative basis for interest/fees under other authorities? | Argues reliance on related case law. | Recent precedent rejects entitlement when paid. | Reversed; no supported basis. |
Key Cases Cited
- Esposito, 987 So.2d 199 (Fla. 4th DCA 2006) (appraisal paid cannot support interest or fees)
- Ellie’s 50’s Diner, Inc. v. Citizens Prop. Ins. Corp., 54 So.3d 1081 (Fla. 4th DCA 2011) (insurance terms determine due date; statute cannot be waived by policy)
- Green v. Citizens Prop. Ins. Corp., 59 So.3d 1227 (Fla. 4th DCA 2011) (insured not entitled to prejudgment interest when insurer timely pays appraisal)
- Reimbursement Recovery, Inc. v. Indian River Mem’l Hosp., Inc., 22 So.3d 679 (Fla. 4th DCA 2009) (de novo review of prejudgment interest and fees entitlements)
- Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So.3d 348 (Fla. 4th DCA 2011) (de novo review of statutory/contract-based fee entitlement)