Second or "Re-Opened" Appraisal Not Permitted Where Law and Ordinance Issue Arose Subsequent to Appraisal Award
By Karma Hall, Esq. In the matter of Noa v. Fla. Ins. Guar. Ass'n, 215 So. 3d 141 (Fla. 3d DCA 2017), Florida's 3d DCA affirmed the trial court's order denying an insured a second appraisal of damaged property pursuant to a property insurance contract. Prior to suit, the insurance claim (a 2005 Hurricane Wilma windstorm claim involving roof damage) had resulted in an undisputed payment followed by demand for appraisal. The appraisal award provided payment for 3% of the roof. Less than a month after the appraisal award was entered and paid, the insured's roofer submitted a permit application to the Miami-Dade building and zoning authority for repair of 30% of the roof. The roofing permit was denied. Florida Building Code and Miami-Dade County Building Code prohibit repair to more than 25% of the roof. In such a situation, an entire roof replacement would be required. Following denial of the permit application, the insured and the roofing contractor