Rizo v. State Farm Florida Insurance Co.

An insured homeowner, Ms. Rizo, appeals an adverse final summary judgment in a circuit court suit against her insurer, State Farm. The summary judgment was predicated on State Farm’s affirmative defense that Ms. Rizo’s claim was barred by the applicable statute of limitations, section 95.11(2)(b), Florida Statutes (2010).1 The pertinent dates are:

• October 2005 — date of loss (Hurricane Wilma);

• January and April 2006 — payments by the insurer on the initial claim;2

• October 2010 — Ms. Rizo’s additional claim submitted to State Farm, but not adjusted or paid; and

*1115• July 2011 — Ms. Rizo’s…