PEOPLE TRUST INSURANCE COMPANY v. PELLICER (2021)

District Court of Appeal of Florida, Fourth District.

PEOPLE'S TRUST INSURANCE COMPANY, Appellant, v. Philippe PELLICER, Appellee.

No. 4D20-2004

Decided: March 17, 2021

Dvaid C. Borucke of Cole, Scott & Kissane, P.A., Tampa, for appellant. Steven E. Gurian of Marin, Eljaiek, Lopez & Martinez, P.L., Coconut Grove, for appellee.

People's Trust Insurance Company (“PTIC”) appeals the trial court's nonfinal order granting appellee's motion to compel appraisal of a claim under a property insurance policy. Upon review of the record and the appellate briefs, we accept appellee's concession of error and reverse.

The trial court granted appellee's motion to compel appraisal despite the parties’ agreement that an evidentiary hearing was needed to address PTIC's position that appellee did not comply with its post-loss obligations under the governing insurance policy. The trial court must conduct that hearing to determine the necessity or sufficiency of appellee's compliance with those policy obligations. Am. Coastal Ins. Co. v. Quadomain Condo. II Ass'n, 294 So. 3d 921, 922 (Fla. 4th DCA 2020); Sunshine State Ins. Co. v. Corridori, 28 So. 3d 129, 131 (Fla. 4th DCA 2010); People's Tr. Ins. Co. v. Ortega, 306 So. 3d 280, 284 (Fla. 3d DCA 2020).

Reversed and remanded.

Per Curiam.

Levine, C.J., Warner and Ciklin, JJ., concur.

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