PEOPLE TRUST INSURANCE COMPANY v. JONES (2023)

District Court of Appeal of Florida, Fourth District.

PEOPLE'S TRUST INSURANCE COMPANY, Appellant, v. Matoga JONES, Appellee.

No. 4D2023-1533

Decided: October 04, 2023

Patrick Michael Chidnese and Frieda C. Lindroth of Bickford & Chidnese, LLP, Tampa, for appellant. Paul B. Kunz and Matthew D. Landau of The Landau Law Group, P.A., Boca Raton, for appellee.

ON CONFESSION OF ERROR

The insurer, People's Trust Insurance Company, appeals an order denying its motion to compel appraisal. The insured, Matoga Jones, confesses error based on People's Trust Insurance Co. v. Tracey, 251 So. 3d 931 (Fla. 4th DCA 2018). Appraisal is appropriate because the insured has “only one claim,” and the insurer has not “wholly denied” coverage for that claim. Id. at 932-33. Accordingly, we conclude the trial court erred in denying the insurer's motion to compel appraisal, and we reverse and remand with directions to compel appraisal.

Reversed and remanded with directions.

Per Curiam.

Warner, Gross and Levine, JJ., concur.

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