The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . filed with the Hernando County Clerk a document that stated, “Pursuant to Florida Statute [section] 627.7073 . . .
. . . repairs in accordance with the recommendations set forth in the insurer’s report issued pursuant to s. 627.7073 . . .
. . . . § 627.7073(1), Fla. Stat. . . . . § 627.7073(l)(c), Fla. Stat. (2015). . . . Relevant here, section- 627.7073(l)(c) had been amended to provide that the findings and recommendations . . . There, we examined both the plain language and legislative history of section 627.7073(l)(c). . . . However, no such explicit language exists in section 627.7073(l)(c). See id. . . . The court held that the statutory presumption of correctness in section 627.7073(l)(c), Florida Statutes . . . do not apply to the litigation context, the trial court’s application of section 90.804 to section 627.7073 . . .
. . . . § 627.7073(l)(a). The report is presumed correct. § 627.7073(l)(c). . . . property “in accordance with the recommendations of the professional engineer as provided under s. 627.7073 . . . We added that, in the litigation context, the insurer is not entitled to rely on section 627.7073(c)’ . . . repairs in accordance with the recommendations set forth in the insurer’s report issued pursuant to s. 627.7073 . . .
. . . to deny a sinkhole claim is made after an expert issues a “sinkhole report” as described in section 627.7073 . . . See § 627.7073(l)(a), (b). . . .
. . . See § 627.7073(l)(c),: Fla. Stat. (2010). . . .
. . . concluded that the failure to disclose the existence of the sinkhole activity in accordance with section 627.7073 . . . It asserted that Colfin’s reliance on section 627.7073 to establish fraud was misplaced. . . . Bank, Col-fin’s reliance on section 627.7073 to establish any sort of fraud or impropriety is misplaced . . . Section 627.7073(2)(a) provides in pertinent part that: Any insurer that has paid a claim for a sinkhole . . . Section 627.7073(2) further provides that (a) ... . . .
. . . foundation in accordance with the recommendations of the professional engineer as provided under s. 627.7073 . . . To the extent that Tower Hill is arguing that section 627.7073(l)(c) creates a presumption which justifies . . . at trial, that an insured could not overcome this presumption, would render any portion of section 627.7073 . . . Because Roker submitted evidence rebutting Tower Hill’s report, Tower Hill may not rely on section 627.7073 . . .
. . . And section 627.7073(l)(c) does provide that this report “shall be presumed correct.” . . . The application of a specific provision within that scheme [such as the presumption in section 627.7073 . . .
. . . .— (3)Following the receipt of the report provided under s. 627.7073 or the denial of a claim for a sinkhole . . .
. . . The report shall be in compliance with the requirements of section 627.7073, Florida Statutes, and shall . . . Id. § 627.7073(1). . . . Id. § 627.7073(l)(c). . . . If a report is issued pursuant to section 627.7073, an alternative procedure for resolution of disputed . . . Id. § 627.7073(l)(c). . . .
. . . ”, which is a term not used in either the 2011 or prior versions of sections 627.707, 627.7072, and 627.7073 . . .
. . . Under Section 627.7073, Florida Statutes (2010), sinkhole loss is “verified” if the engineer determines . . . Section 627.7073, Florida Statutes (2010), requires the engineer to issue a written report, even if the . . . First, the adjoining use of “physical” and “structural” in Section 627.7073 (“actual physical and structural . . . Thus, neither Section 627.707(2) (“if there has been physical damage to the structure”) nor Section 627.7073 . . . an insurer must cover and the extent of damage on which an engineer must report appears in Section 627.7073 . . .
. . . It obtained the sinkhole report described in section 627.7073. . . . See § 627.7073(l)(c); see also Warfel, 82 So.3d 47. . . .
. . . Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The . . . Section 627.7073(2), which immediately follows section 627.7073(l)(c), provides: Any insurer that has . . . See § 627.7073(2). . . . Plain Language of Section 627.7073(1) (c) Even if this Court were to hold that section 627.7073(l)(c) . . . Legislative History of Section 627.7073(l)(c) Universal asserts that section 627.7073(l)(c) is an expression . . .
. . . Universal posited that section 627.7073(l)(c) required Mr. . . . The 2005 version of section 627.7073(l)(c) provided as follows: The respective findings, opinions, and . . . Universal also contended that section 627.7073(l)(c) created a section 90.304 presumption because it . . . We must assume that the legislature was aware of this fact when it enacted section 627.7073(l)(c). . . . See §§ 627.7065, 627.7072, 627.7073. . . . dissent because I do not agree that the trial court erred in its jury instruction regarding section 627.7073 . . . See § 627.7073(l)(c). . . . Section 627.707(2) then requires that a report be issued as provided in section 627.7073. Id. . . . Section 627.7073 specifies what must be included in that report. . . . The experts then prepared a report as required by section 627.7073. . . .