Ellie's 50's Diner, Inc. v. Citizens Property Insurance Corp.

Ellie’s 50’s Diner, Inc. (“Ellie’s”) appeals the denial of a motion for prejudgment interest in its action against Citizens Property Insurance Corporation (“Citizens”). We affirm because the insurance policy provisions allotted Citizens thirty days within which to pay any appraisal award and Citizens made payment within the prescribed time period.

Ellie’s was insured by Citizens when its property was damaged by Hurricane Wilma in October 2005. Ellie’s submitted a claim and Citizens made payment to Ellie’s but for less than the amount sought by Ellie’s. In November 2006, Elbe’s filed a civil…