Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129 (Fla. 4th DCA 2010). · Go Syfert
Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129 (Fla. 4th DCA 2010). Cases Citing This Book View Copy Cite
“here the insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented regarding the necessity or sufficiency of compliance.”
39 citation events (39 in the last 25 years) across 5 distinct courts.
Strongest positive: Sunlight Lands LLC v. Westchester Surplus Lines Insurance Company (flmd, 2024-11-21)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 19 distinct citers.
discussed Cited as authority (verbatim quote) Sunlight Lands LLC v. Westchester Surplus Lines Insurance Company
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
here the insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented regarding the necessity or sufficiency of compliance.
discussed Cited as authority (verbatim quote) Clockwork PH3, LLC v. Clear Blue Specialty Insurance Company
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
here the insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented regarding the necessity or sufficiency of compliance.
cited Cited as authority (rule) Dunlap v. Clear Blue Specialty Insurance Company
M.D. Fla. · 2025 · confidence medium
Co. v. Corridori, 28 So. 3d 129, 131 (Fla. Dist.
discussed Cited as authority (rule) American Coastal Insurance Company v. San Marco Villas Condominium Association, Inc. (2×)
Fla. · 2024 · confidence medium
Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010).
discussed Cited as authority (rule) CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, etc. v. GABLES COURT CONDOMINIUM ASSOCIATION, INC.
Fla. Dist. Ct. App. · 2023 · confidence medium
Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010) (“[W]here the ‘insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented’ regarding the necessity or sufficiency of compliance. . . .
cited Cited as authority (rule) AMERICAN COASTAL INSURANCE COMPANY v. HANSON'S LANDING ASSOCIATION, INC.
Fla. Dist. Ct. App. · 2021 · confidence medium
Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010)).
cited Cited as authority (rule) PEOPLE'S TRUST INSURANCE COMPANY v. PHILIPPE PELLICER
Fla. Dist. Ct. App. · 2021 · confidence medium
Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010); People’s Tr.
cited Cited as authority (rule) AMERICAN COASTAL INSURANCE COMPANY v. QUADOMAIN CONDOMINIUM II ASSOC., INC.
Fla. Dist. Ct. App. · 2020 · confidence medium
Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010) (quoting Haiman v. Fed.
discussed Cited as authority (rule) Waterford Condominium Association of Collier County, Inc. v. Empire Indemnity Insurance Company
M.D. Fla. · 2019 · confidence medium
Ct. App. Fla. 2010) (stating the view of Florida’s Second and Third Districts that courts have discretion) with Sunshine State Ins. v. Corridori, 28 So. 3d 129, 131 (Dist.
cited Cited as authority (rule) State Farm Florida Insurance Co. v. Hernandez
Fla. Dist. Ct. App. · 2015 · confidence medium
Co. v. Corridori, 28 So.3d 129, 130 (Fla. 4th DCA 2010). 2 .
cited Cited as authority (rule) State Farm Florida Insurance Co. v. Cardelles
Fla. Dist. Ct. App. · 2015 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010))).
cited Cited as authority (rule) Solano v. State Farm Florida Insurance Co.
Fla. Dist. Ct. App. · 2014 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010); Schnagel v. State Farm Mut.
cited Cited as authority (rule) Citizens Property Insurance Corp. v. Demetrescu
Fla. Dist. Ct. App. · 2014 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010).
cited Cited as authority (rule) Gassman v. State Farm Florida Insurance Co.
Fla. Dist. Ct. App. · 2011 · confidence medium
Co. v. Corridori, 28 So.3d 129, 130 (Fla. 4th DCA 2010).
discussed Cited as authority (rule) Citizens Property Insurance Corp. v. Gutierrez
Fla. Dist. Ct. App. · 2011 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010) (“[W]here the ‘insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented’ regarding the necessity or sufficiency of compliance....
discussed Cited as authority (rule) Citizens Property Insurance Corp. v. Mango Hill Condominium Ass'n 12
Fla. Dist. Ct. App. · 2011 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010) (confirming that where an insured cooperates to some degree or explains non-compliance with a policy’s post-loss requirements, a fact question is presented which should be resolved on an evidentiary hearing); Citizens Property Ins.
discussed Cited as authority (rule) Citizens Property Insurance Corp. v. Maytin
Fla. Dist. Ct. App. · 2010 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010) (“[W]here the ‘insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented’ regarding the necessity or sufficiency of compliance....
cited Cited as authority (rule) CITIZENS PROPERTY INSURANCE CORPORATION v. Michigan Condominium Association
Fla. Dist. Ct. App. · 2010 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010).
discussed Cited as authority (rule) El Dorado Towers Condominium Ass'n v. QBE Insurance
S.D. Fla. · 2010 · confidence medium
Co. v. Corridori, 28 So.3d 129, 131 (Fla. 4th DCA 2010) (holding that whether insureds’ compliance with the policy was sufficient is a dispute of fact); Starling v. Allstate Floridian Ins., Co., 956 So.2d 511 (Fla. 5th DCA 2007) (total failure to cooperate may preclude insured’s recovery; however, if insured cooperates to some degree or provides explanation for noncompliance a factual issue exists); Schnagel v. State Farm Mut.
SUNSHINE STATE INSURANCE COMPANY, Appellant,
v.
Frances CORRIDORI and Cheryl D. Corridori, Appellees
4D09-2502.
District Court of Appeal of Florida, Fourth District.
Feb 3, 2010.
28 So. 3d 129
Steven G. Schwartz and William R. McMahon of Schwartz & Horwitz, PLC, Boca Raton, for appellant., Mary E. Kestenbaum Fortson and Robert A. Reynolds of Merlin Law Group, Coral Gables, for appellees.
Levine, Gross, Warner.
Cited by 22 opinions  |  Published
LEVINE, J.

The issue presented is whether the trial court erred in finding that appellees were entitled to an appraisal pursuant to a homeowners’ insurance policy where coverage issues remained in dispute. We conclude that the appraisal was premature, and we reverse.

Appellees purchased homeowners’ insurance from appellant in 2005. After sustaining damage during Hurricane Wilma, appellees filed a claim for reimbursement. Appellant paid that claim and closed the case. Two years later, appellees submitted a “supplemental claim” for damages discovered by a public adjuster. In response, appellant requested a sworn proof of loss, to be filed within ninety days, and examinations under oath. Appellees did not comply with the deadlines, and the late submission was, according to appellant, incomplete and inaccurate. Appellant denied the claim, concluding that the damages claimed were not in fact “supplemental” to the original damages. Appellants further claimed that appellees breached the contract by failing to comply with the proof of loss requirement, and appellees materially breached the policy.

Appellees responded by filing a petition to compel an appraisal in the trial court. Without taking any evidence, the trial court concluded that the new claim was supplemental and that appellees had not materially breached the policy. The trial court ordered the parties to appraise the loss. Appellant claims that the trial court erred by holding, as a matter of law, that the new claims are covered by the policy.

We review de novo a trial court’s order compelling an appraisal under an insurance policy. Fla. Ins. Guar. Ass'n v. Castilla, 18 So.3d 703, 704 (Fla. 4th DCA 2009).

[*131] In Johnson v. Nationwide Mutual Insurance Co., 828 So.2d 1021, 1025-26 (Fla.2002), the Florida Supreme Court recognized that coverage issues must be resolved before an appraisal of the amount of a loss is ordered. Issues of coverage are “for judicial determination by a court,” not the appraisal panel. Id. at 1026. Once the court establishes that the losses are covered by a policy, then those losses may be appraised.

The parties dispute whether the claimed losses are covered by the policy and whether appellees complied with the policy requirements. Specifically, appellees claim that their compliance with the policy requirements was not necessary because appellant previously admitted coverage. Even if appellant did not admit coverage, appellees argue that they substantially complied with the requirements and should not be found in breach of the policy. By contrast, appellant claims it never admitted coverage and maintains that appellees’ compliance with the policy demands was insufficient.

As this court has previously noted, where the “insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented” regarding the necessity or sufficiency of compliance. Haiman v. Fed. Ins. Co., 798 So.2d 811, 812 (Fla. 4th DCA 2001) (citation omitted). Whether appellees’ compliance with the policy terms was necessary or sufficient is a dispute of fact. The trial court, without taking any evidence, did not resolve this dispute of fact with competent evidence to support its determination of coverage.

Because the trial court must resolve all underlying coverage disputes pri- or to ordering an appraisal, we reverse and remand for further proceedings consistent with this opinion.

Reversed and remanded.

GROSS, C.J., and WARNER, J., concur.