State Farm Florida Insurance Co. v. Silber

An award of prejudgment interest, pursuant to section 627.70131(5)(a), Florida Statutes (2009), and a subsequent award of attorney’s fees and costs, is challenged in this appeal. The insurer argues the trial court erred in confirming the appraisal award, and in subsequently awarding prejudgment interest, attorney’s fees, and costs, because the appraisal award had been paid in full prior to the insured filing the motion to confirm. We agree and reverse.

A pipe leak occurred at the insureds’ residence. The insurer acknowledged coverage and issued payment. The insureds notified the insurer of a…