People's Trust Insurance Co. v. Amaro
After Hurricane Irma damage, People's Trust acknowledged coverage and elected to repair under its Preferred Contractor Endorsement. The insured submitted a non-compliant sworn proof of loss, sued prematurely, participated in appraisal, then hired his own contractor, completed the repairs, and sold the house before demanding cash equal to the appraisal award. The Third DCA reversed the judgment for the homeowner and directed entry of judgment for the insurer, holding the insured's breaches of post-loss conditions precedent and his frustration of the insurer's right to repair defeated any right to a cash payment.
Key facts
- People's Trust Insurance Co. issued a homeowner's insurance policy with a Preferred Contractor Endorsement to Amaro; after Hurricane Irma caused damage, People's Trust acknowledged coverage and elected to repair the damage using its preferred contractor.
- Amaro submitted a non-compliant sworn proof of loss, sued the insurer prematurely without satisfying post-loss conditions, participated in appraisal, hired his own contractor to complete the repairs, and sold the house before demanding cash payment equal to the appraisal award.
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Why it matters
A useful decision for property insurers defending 'cash in lieu of repair' claims under managed-repair/preferred-contractor endorsements: the court makes clear that appraisal under such an endorsement sets the scope of… — full analysis with a trial
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