ALL INSURANCE RESTORATION SERVICES, INC. v. CITIZENS PROPERTY INSURANCE CORPORATION ( 2021 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    ALL INSURANCE RESTORATION SERVICES, INC., a/a/o
    MELISSA MALCOLM,
    Appellant,
    v.
    CITIZENS PROPERTY INSURANCE CORPORATION,
    Appellee.
    No. 4D21-77
    [November 24, 2021]
    Appeal from the County Court for the Seventeenth Judicial Circuit,
    Broward County; Nina W. Di Pietro, Judge; L.T. Case Nos. CACE 20-18406
    and COCE 18-26367.
    Erin M. Berger and Melissa A. Giasi of Giasi Law, P.A., Tampa,
    for appellant.
    Kimberly J. Fernandes of Kelley Kronenberg, P.A., Tallahassee,
    for appellee.
    PER CURIAM.
    Affirmed. See Damages Servs., Inc. v. Citizens Prop. Ins. Corp.,
    46 Fla. L. Weekly D2245, D2246 (Fla. 4th DCA Oct. 13, 2021) (insurer
    entitled to summary judgment on the issue of reasonable emergency
    measures expenses “[b]ecause [the restoration company] did not make a
    request to exceed the policy limit prior to exceeding the limit for the work
    performed” (emphasis added)); Certified Priority Restoration v. Universal
    Ins. Co. of N. Am., No. 4D21-374, 
    2021 WL 3641850
    , at *3 (Fla. 4th DCA
    Aug. 18, 2021) (insurer entitled to summary judgment where restoration
    company “failed to request the insurer allow it to exceed the $3,000 limit
    before submitting the invoice for the completed work” (emphasis added)).
    CONNER, C.J., MAY and DAMOORGIAN, JJ., concur.
    *          *          *
    Not final until disposition of timely filed motion for rehearing.
    

Document Info

Docket Number: 21-0077

Filed Date: 11/24/2021

Precedential Status: Precedential

Modified Date: 11/24/2021