Hawks Nest Condominium, Inc. v. Westchester Surplus Lines Insurance Co.

After Hurricane Irma damage, the insurer never denied coverage but delayed, prompting the insured to petition to compel appraisal; the insurer voluntarily went to appraisal and paid the award slightly late. The Third DCA affirmed the trial court's denial of prejudgment interest from the date of loss, holding that mere delay (plus an initial default and partial affirmative defenses) is not the functional equivalent of a coverage denial that triggers the Lugassy exception; interest ran only from the policy's payment date after the appraisal award.

Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.