Letteri v. Safepoint Insurance Co.
After Hurricane Ian, the insurer accepted coverage, paid roughly $200,000, and—after the insured's section 627.70152 notice of intent—elected appraisal. When appraisal was not completed within 90 days, the insured sued; the umpire later awarded policy limits, which the insurer timely paid under the policy. The Sixth District affirmed summary judgment for the insurer, holding the confession of judgment doctrine does not apply where the claims process never broke down and the insured merely raced to the courthouse to generate a fee claim under section 627.428(1).
Key facts
- Insured filed suit against insurer after Hurricane Ian coverage dispute; insurer had accepted coverage, paid approximately $200,000, and elected appraisal under section 627.70152 after receiving insured's notice of intent.
- Appraisal process was initiated but insured sued before completion, seeking attorney's fees; umpire subsequently awarded full policy limits, which insurer timely paid.
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Why it matters
This is the Sixth District's first substantial treatment of the interplay between section 627.70152's presuit notice/appraisal framework and the confession of judgment doctrine, and it aligns the Sixth DCA with all five… — full analysis with a trial
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