In October 2013, the insurer said the claim would ultimately be denied if the repair work did not begin within 14 days. Despite that, the homeowners would still not allow the repairs. (Credit: Leonard/Adobe Stock)
Florida's Third District Court of Appeal upheld without comment a Miami-Dade Circuit Court decision from 2020, that an insured cannot recover damages from an insurance company if they failed to comply with the policy and failed to allow the insurer to make the necessary repairs. The case is Rose v. Fla. Peninsula Ins. Co., No. 3D21-435, 2022 Fla. App. LEXIS 5183 (Dist. Ct. App. July 27, 2022).
The claim began almost a decade ago, in 2013, when the Roses said their home suffered water damage from a leak. The property was inspected on the day the damage occurred, and less than two weeks later, Florida Peninsula notified the Roses that it was exercising its option to repair, in keeping with the policy. The letter included a proof of loss form but specifically noted that Florida Peninsula was not requiring the Roses to complete the form. Between the date when Florida Peninsula invoked the right to repair and present, the insurer was never allowed to repair the Plaintiff's property, despite its requests and a stay issued by a prior judge in the case.
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