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.
Key facts
- Hawks Nest Condominium sought insurance coverage from Westchester Surplus Lines Insurance for Hurricane Irma damage to its property.
- The insurer did not deny coverage but delayed adjustment and payment of the claim, prompting Hawks Nest to petition to compel appraisal.
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Why it matters
This opinion sharply cabins the Lugassy date-of-loss prejudgment interest exception in first-party property cases, giving carriers a strong defense that even egregious delay, a default, and pleaded coverage defenses do… — full analysis with a trial
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