Opinion
No. 2D20-2798
11-12-2021
McBeth COLLINS and Jenny Collins, Appellants, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY d/b/a Elements Property Insurance Company, Appellee.
George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa; and Kelly L. Kubiak of Merlin Law Group, Tampa, for Appellants. Brian A. Hohman and Curtis Allen of Butler Weihmuller Katz Craig LLP, Tampa; and Elizabeth K. Russo and Paulo R. Lima of Russo Appellate Firm, P.A., Miami, for Appellee.
George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa; and Kelly L. Kubiak of Merlin Law Group, Tampa, for Appellants.
Brian A. Hohman and Curtis Allen of Butler Weihmuller Katz Craig LLP, Tampa; and Elizabeth K. Russo and Paulo R. Lima of Russo Appellate Firm, P.A., Miami, for Appellee.
KELLY, Judge.
McBeth and Jenny Collins sued their insurer, Avatar Property and Casualty Insurance Company, for breach of contract after Avatar acknowledged the Collins' home had sustained a covered loss and issued payment in an amount that was inadequate to cover the cost to repair the home. Avatar moved for summary judgment arguing the Collins' lawsuit was premature because no further payment was due under the loss payment provision of the policy and, therefore, it had not breached the contract of insurance.
We have previously rejected the argument Avatar relies on in support of its claim that the lawsuit was premature. See Skene v. Avatar Prop. & Cas. Ins. Co. , 310 So. 3d 453, 453 (Fla. 2d DCA 2020) ; Curtis v. Tower Hill Prime Ins. Co. , 154 So. 3d 1193, 1196 (Fla. 2d DCA 2015). We have also explained that even if the lawsuit were premature, final summary judgment is not the appropriate remedy. See Skene , 310 So. 3d at 453 ; Curtis , 154 So. 3d at 1196. Accordingly, the trial court erred in granting final summary judgment in favor of Avatar. We reverse the final judgment and remand for further proceedings.
Reversed and remanded.
MORRIS, C.J., and LABRIT, J., Concur.