Singh et al v. GeoVera Specialty Insurance Company

Filing 46

ORDER granting 37 --motion for summary judgment; denying 38 --motion to strike; denying 38 --motion for summary judgment; directing the clerk to ENTER A JUDGMENT for the Singhs and against GeoVera, to TERMINATE any pending motion, and to CLOSE the case; permitting the Singh's to move by 8/19/2016 for attorney's fees and for costs. Signed by Judge Steven D. Merryday on 8/5/2016. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RAM SINGH, et al.,
Plaintiffs,
v.

CASE NO. 8:15-cv-1974-T-23JSS

GEOVERA SPECIALTY INSURANCE
COMPANY,
Defendant.
____________________________________/

ORDER
GeoVera Specialty Insurance Company insured Ram and Cynthia Singh,
whose property caught fire on January 7, 2015. GeoVera indemnified the Singhs for
a portion ($97,378.54) of the value of the property. Although the Singhs argued a
“total loss” of the property, GeoVera for approximately five months disputed the
extent of loss. On June 5, 2015, the Singhs sued (Doc. 2) GeoVera for a breach of the
insurance agreement (Count I) and for a declaration that the fire caused a “total loss”
of the property and that GeoVera owed additional indemnity (Count II). GeoVera
suggested, and the Singhs consented (Doc. 20) to, appraising the extent of loss. The
appraiser determined (Doc. 25-1) the amount of loss as $205,708.57, and GeoVera
paid the Singhs the remaining $108,330.03. A March 28, 2016 order (Doc. 36)
confirmed the appraisal, and the Singhs move (Doc. 37) for summary judgment on
each count.

Despite the law unequivocally holding otherwise, GeoVera bitterly disputes
judgment for the Singhs. Specifically, GeoVera argues against judgment for the
Singhs because GeoVera reimbursed the Singhs the entire amount of loss of their
property and because GeoVera voluntarily submitted to an appraisal. Each argument
is readily refuted. Although GeoVera reimbursed the Singhs, the Singhs prevail on
the claim for breach of the insurance policy and on the claim for a declaratory
judgment. By refusing for approximately five months to resolve the Singhs’ claim for
additional indemnity, GeoVera “wrongfully caus[ed the Singhs] to resort to
litigation” and to incur litigation costs. Bassette v. Standard Fire Ins. Co., 803 So. 2d
744, 746 (Fla. 2d DCA 2001) (Scheb, J.). Also, although GeoVera voluntarily
submitted to an appraisal,1 because GeoVera paid the amount due after the Singhs
sued2 and because the appraiser found that GeoVera owed more than twice the
amount that GeoVera paid the Singhs before this action,3 the Singhs prevail and may
move for an attorney’s fee.4
1

See Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079, 1080 (Fla. 4th DCA 2009)
(Stevenson, J.) (holding for the insured despite the insurer’s voluntarily participating in an appraisal);
Jerkins v. USF & G Specialty Ins. Co., 982 So. 2d 15, 18 (Fla. 5th DCA 2008) (Orfinger, J.) (same).
2

See Tampa Chiropractic Ctr., Inc. v. State Farm Mut. Auto. Ins. Co., 141 So. 3d 1256, 1258 (Fla.
5th DCA 2014) (Cohen, J.) (explaining that in a similar circumstance the Florida Supreme Court
“us[es] the legal fiction of a ‘confession of judgment’” to find for the insured and award an attorney’s
fee); accord Ivey v. Allstate Ins. Co., 774 So. 2d 679, 684 (Fla. 2000).
3

See Jerkins v. USF & G Specialty Ins. Co., 982 So. 2d 15, 18 (Fla. 5th DCA 2008) (Orfinger, J.)
(noting the “substantial discrepancy between [the insurance company’s] initial estimate of the
damages to the [insured’s] property . . . and the final appraisal value”).
4

Section 627.428, Florida Statutes, states:
Upon the rendition of a judgment or decree by any of the courts of
this state against an insurer and in favor of any named or omnibus
insured . . . , the trial court . . . shall adjudge or decree against the

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The Singhs’ motion (Doc. 37) for summary judgment is GRANTED.
GeoVera’s motion (Doc. 38) to “strike” the Singhs’ motion is DENIED. GeoVera’s
motion (Doc. 38) for summary judgment is DENIED. The clerk is directed (1) to
enter a judgment for the Singhs and against GeoVera, (2) to terminate the pending
motions (Docs. 39, 42), and (3) to close the case. No later than AUGUST 19, 2016,
the Singhs may move for an attorney’s fee and for costs.
ORDERED in Tampa, Florida, on August 5, 2016.

insurer and in favor of the insured . . . a reasonable sum as fees or
compensation for the insured’s . . . attorney prosecuting the suit in
which the recovery is had.

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