Right to Repair

February 9, 2017

Insurance Company’s Exercise of the Right to Repair Does Not Trigger a Stay in Litigation

The Florida Fourth District Court of Appeal quashed the trial court’s grant of a Motion to abate and ruled that an insurance company’s exercise of the right to repair does not trigger a stay in litigation.  In Henry Robinson v. Florida Peninsula Insurance Company, the homeowner, Robinson, had an insurance policy with Florida Peninsula Insurance Company (“FPIC”) which gave FPIC the option to either repair damage or make cash payments in the event of damage.  Robinson’s home was damaged and FPIC elected to repair the damage rather than make the cash payments.   FPIC attempted to coordinate repairs through its Contractor.  […]