![]() ![]() he court decides whether the policy provides coverage for the peril which inflicted the damage, and for the particular property at issue People’s Tr. ![]() Analysis This Court has affirmed the separate and distinct roles of appraisers and of the judiciary in insurance disputes: The appraisers determine the amount of the loss, which includes calculating the cost of repair or replacement of property damaged, and ascertaining how much of the damage was caused by a covered peril. After a hearing on the motion, the trial court entered an order granting Shotwell’s motion to compel payment for the full amount of the appraisal award, providing “coverage for damages due to the toilet overflow.” This appeal followed. Shotwell moved to compel payment for the full amount of the appraisal award, for interest, and for sanctions. State Farm paid only a portion of the appraisal amount, citing to the Tear Out provision under Additional Coverages and the Additional Living Expense (ALE) provision under 3 Property Coverages. On September 25, 2020, the appraiser and umpire entered a line item appraisal for the total amount of $138,912.08. The trial court appointed an umpire to oversee the appraisal process. The trial court granted the motion and ordered dismissal based on the parties’ agreement to proceed with appraisal. ![]() In response, State Farm filed a motion to compel appraisal and to dismiss or stay the action, pursuant to the policy. Shotwell filed a breach of contract action claiming that State Farm failed to indemnify him for all losses, and the estimate was insufficient to fund all necessary repairs. On February 25, 2020, State Farm sent a third letter issuing payment to Shotwell for the video diagnostic of the drain line. The letter advised that while water damage from the overflow was covered, the repairs to the drain line set forth in All 4 One Plumbing & Construction’s report were not covered, citing to relevant policy provisions. On February 22, 2020, State Farm sent a second letter adjusting the estimate and issued a second payment for $1,406.34. An estimate was prepared by Intellaclaim for the amount of $138,202.21. The public adjuster also provided a list of additional damages not covered in 2 State Farm’s estimate. To access the pipe, the kitchen cabinets and the slab would have to be torn out and replaced. The plumbing report concluded that the overflow was due to a blockage in a sagging and corroded pipe located under the kitchen cabinets that serviced the master bathroom. Shotwell hired a public adjuster to assess the property damage, who worked with All 4 One Plumbing & Construction to determine the underlying cause of the toilet overflow. State Farm acknowledged coverage of a certain amount of water damage, offered mitigation services, and issued payment to Shotwell in the amount of $888.72, after subtracting depreciation and the deductible. During the policy period on or about December 22, 2019, Shotwell’s master bathroom toilet overflowed causing significant water damage to the master bath and bedroom area and adjoining areas of the house. Background Shotwell purchased an “all-risk” home insurance policy from State Farm. Upon our review of the record, we affirm in part and reverse in part. State Farm Florida Insurance Company appeals the trial court’s order compelling State Farm to pay Vernon Shotwell, the insured, the full appraisal award. Before FERNANDEZ, C.J., and LOGUE, and BOKOR, JJ. Quintana Law, P.A., and Brittany Quintana Marti Alvarez, Feltman, Da Silva & Costa, PL, and Paul B. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. 20-6505 _ State Farm Florida Insurance Company, Appellant, vs. Not final until disposition of timely filed motion for rehearing. Third District Court of Appeal State of Florida Opinion filed October 6, 2021. ![]()
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