Heritage Property & Casualty Insurance Co. v. Condominium Association of Gateway House Apts. Inc.
Heritage appealed an order compelling appraisal, arguing its condominium-association insured breached the policy's post-loss duty to produce 'books and records' by failing to furnish five years of board meeting minutes. The Third DCA affirmed, holding the policy only requires production of existing books and records, and that section 718.111(12)(a)(6) presupposes the existence of minutes but imposes no duty to record minutes where no quorum was obtained, so the statute cannot be used to engraft an obligation to produce nonexistent minutes.
Key facts
- Heritage Property & Casualty Insurance Co. appealed an order compelling appraisal of a condominium association's property damage claim.
- Heritage argued the insured breached its post-loss duty under the insurance policy to produce 'books and records' by failing to furnish five years of board meeting minutes.
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Why it matters
Useful for first-party property practitioners litigating post-loss condition defenses to appraisal: it confines the 'books and records' clause to documents that actually exist and rejects the insurer's attempt to import… — full analysis with a trial
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