Rehab Restoration, LLC, a/a/o Andres Arcila v. Citizens Property Insurance Corporation

• Court: District Court of Appeal of Florida
• Decided: January 17, 2024
• Docket: 2022-2171
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 17, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-2171 Lower Tribunal No. 20-22402 CC ________________

Rehab Restoration, LLC, a/a/o Andres Arcila, Appellant,

vs.

Citizens Property Insurance Corporation, Appellee.

An Appeal from the County Court for Miami-Dade County, Michael G. Barket , Judge.

Valiente, Carollo & McElligott, PLLC, and Caroline M. Carollo, for appellant.

Methe & Rothell, P.A., and Kristi Bergemann Rothell (West Palm Beach), for appellee.

Before MILLER, GORDO and BOKOR, JJ.

PER CURIAM. Affirmed. See All Ins. Restoration Servs., Inc. v. Citizens Prop. Ins.

Corp., 328 So. 3d 1057, 1061 (Fla. 3d DCA 2021) (“Seeking payment of an

invoice for services already rendered does not equate to requesting

authorization to exceed the $3,000 limit. Therefore, although Citizen[s] is

required to respond within forty-eight hours to a request to exceed the $3,000

limit for reasonable emergency measures, it is not required to respond to a

demand for payment of an invoice for reasonable emergency measures

already rendered to an insured. As such, the trial court properly entered final

summary judgment in favor of Citizens and against AIRS because under the

unambiguous language in the insurance contract, Citizens satisfied its

contractual obligations when it submitted the $3,000 check to AIRS.”).