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Ringelman v. Citizens Property Insurance Corp.

Florida Court of Appeals, Fifth District

September 1, 2017

JOSEPH RINGELMAN, Appellant,
v.
CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

         Appeal from the Circuit Court for Hernando County, Richard Tombrink, Jr., Judge.

          George A. Vaka and Nancy A. Lauten, of Vaka Law Group, P.L., Tampa, for Appellant.

          Jonathan D. Franklin, of Franklin Legal Group, P.A., Miami, for Appellee.

          OPINION

          PER CURIAM.

         Appellant, Joseph Ringelman, appeals a final judgment entered in his favor following his suit for breach of contract against his insurer, Citizens Property Insurance Corporation ("Citizens"). Ringelman argues on appeal that the trial court erred by staying execution of the final judgment until he provides Citizens with a signed contract for completion of the necessary subsurface repairs to his home, which was damaged by sinkhole activity. Considering Citizens's representations during oral argument, we affirm. Citizens issued Ringelman a homeowner's insurance policy that provided coverage limits of $225, 900. The policy included the following provisions concerning sinkhole damage:

         SECTION I - PERILS INSURED AGAINST

The following is added to SECTION I - PERILS INSURED AGAINST:
Sinkhole Loss.
1. We insure for direct physical loss to property covered under Section I caused by the peril of "sinkhole loss, " including the costs incurred to:
a.Stabilize the land and building; and
b.Repair the foundation;
In accordance with the recommendations of the professional engineer who verifies the presence of a "sinkhole loss" in compliance with Florida sinkhole testing standards and in consultation with you.
The professional engineer must be selected or approved by us.
2. This peril does not increase the limit of liability applying to the covered ...

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