Insurer loses appeal in Irma damage fight
TALLAHASSEE — A federal appeals court Thursday upheld a decision that ordered Empire Indemnity Insurance Co. to pay more than $6 million in a lawsuit stemming from damage sustained by a Southwest Florida condominium community in Hurricane Irma. A three-judge panel of the 11th U.S. Circuit Court of Appeals sided with the Mont Claire at Pelican Marsh Condominium Association.
The ruling said the association submitted a claim to Empire after Irma caused damage to condominium buildings in 2017 and that the insurer paid $32,568. The association filed a lawsuit seeking to force an appraisal of the damage and alleging breach of contract, Thursday’s ruling said.
As the lawsuit played out, the association spent about $2.41 million to repair roofs and other damaged parts of the property but had not repaired damaged windows and doors. Ultimately, the association and the insurer reached an appraisal agreement, and an appraisal panel issued loss estimates of about $8.17 million based on what is known as a “replacement cost value basis” and $6.6 million based on what is known as an “actual cash value basis,” Thursday’s ruling said.
Under the insurance policy, the association’s recovery under the replacement cost value basis would have been limited to the amount actually spent on repairs. The association chose to recover the actual cash value.
Empire argued, in part, the association’s recovery for the roofs should be limited to the $2.41 million spent on repairs, minus a deductible and a prior payment. But a district judge ordered the insurer to pay nearly $6.15 million, which represented the appraised actual cash value, minus the deductible and a prior payment, Thursday’s ruling said.
Also, the district judge later included about $1 million in prejudgment interest. Empire raised a series of issues in the appeal, but the three-judge panel rejected the arguments.
“The insurance policy that Empire issued, its handling of the claim, and the binding appraisal agreement it entered obliged it to cover Mont Claire’s loss on an actual cash value basis,” said the 12-page ruling shared by Judges Charles Wilson, Britt Grant and Robert Luck. “It is bound by its contracts, and cannot now escape their enforcement.”
DeSantis committees rake in $1.121M
TALLAHASSEE — Two political committees tied to Gov. Ron DeSantis raised $1.121 million from Sunday through Wednesday and had collected $31.36 million since being created this year, according to a newly filed finance report. The committees, known as Keep Florida Clean and the Florida Freedom Fund, are chaired by James Uthmeier, DeSantis’ chief of staff. They have raised money as DeSantis leads efforts to defeat proposed constitutional amendments on recreational marijuana and abortion rights.
The Keep Florida Clean committee reported raising $950,202 from Sunday through Wednesday, bringing its overall total to $24.09 million since being formed in July. It had spent $16.216 million as of Wednesday.
Meanwhile, the Florida Freedom Fund had raised $170,850 this week, bringing its overall total to $7.27 million since being formed in May, a report posted on the state Division of Elections website shows. It had spent $4.845 million. The Florida Freedom Fund reported a contribution this week of $25,000 from the Jobs and Prosperity for Florida political committee, which is chaired by Lt. Gov. Jeanette Nunez.
DeSantis is trying to defeat measures that appear as Amendment 3 and Amendment 4 on Tuesday’s ballot. Amendment 3 would allow people 21 and older “to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise.” Amendment 4, in part, says no “law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”
Albritton committees collect $320K
TALLAHASSEE — Political committees chaired by incoming Senate President Ben Albritton, R-Wauchula, raised $320,000 from Monday through Wednesday, with business groups providing large chunks of the money, according to newly filed finance reports. The Friends of Ben Albritton committee reported raising $220,000 over the three-day period and had about $5.95 million in cash on hand, a report posted on the state Division of Elections website showed.
Contributions this week included $100,000 from Florida Chamber of Commerce political committees. Meanwhile, the Albritton-led Advancing Florida Agriculture committee reported raising $100,000 this week, with the money coming from an Associated Industries of Florida committee. Advancing Florida Agriculture reported having about $788,000 in cash on hand as of Wednesday.
Albritton is slated to become Senate president after Tuesday’s elections.
