SALTER, J.
Citizens Property Insurance Corporation appeals a circuit court order granting a motion by the insured, Galeria Villas Condominium Association, Inc., to compel appraisal pursuant to an insurance policy. We reverse the order compelling appraisal (which has been stayed during the pendency of this appeal) and remand to require Galeria to establish that it has (a) provided certain records requested by Citizens as it considered Galeria's claim and (b) provided Citizens' adjuster or "loss consultant" reasonable rights of access to, and inspection of, the property damage detailed in Galeria's claim.
The issue presented to the trial court was whether Galeria's demand for appraisal was premature because of Galeria's alleged failure to comply with certain policy conditions and post-loss duties. See U.S. Fid. & Guar. Co. v. Romay, 744 So.2d 467 (Fla. 3d DCA 1999). Citizens also argues that the order compelling appraisal should have contained an explicit reservation of jurisdiction over various coverage issues.
The pleadings, affidavits, and legal arguments
Thereafter, Galeria retained a public adjuster, Preferred Claim Solutions, Inc.,
In a letter of May 28, 2009, Citizens acknowledged receipt of the Preferred repair estimates, reserved various rights, and requested a final, signed and sworn proof of loss as well as copies of 13 categories of documents. Galeria provided the signed and sworn proof of loss in July 2009. On August 10, 2009, Citizens acknowledged receipt of the proof of loss but claimed there were inconsistencies with the earlier estimates prepared by Preferred. Citizens also renewed its request for the 13 categories of documents identified in its May 28 letter and complained that Citizens' loss consultant "has not been provided an opportunity to inspect this property since the initial inspection in 2005."
Four days later, Galeria filed its lawsuit against Citizens alleging breach of the insurance policy, including Citizens' failure to comply with the appraisal clause in the policy. A month later, Galeria filed a motion to compel appraisal and Citizens moved to strike that motion. Galeria filed affidavits and copies of many of the documents that had been requested by Citizens. One of the affidavits acknowledged, however, that Galeria had denied Citizens' request to allow its "loss consultant" to re-inspect the damaged buildings:
In addition, in discovery responses in the lawsuit and during the hearing on the motions in February 2010, Galeria acknowledged that it had not provided certain categories of condominium association documents
While Citizens' requests may seem broad, the types of documents that were not provided by Galeria may (and typically do) contain information bearing directly on the claim and the respective obligations of the insurer, the insured, and the homeowners living within the insured units. The declaration and bylaws normally define a condominium association's insurance and maintenance obligations vis-à-vis a unit occupant. The association board and membership meeting minutes may disclose, for example, (1) decisions to undertake capital improvements affecting the damaged property, (2) expenses incurred in maintaining or repairing a roof or other common elements, and (3) the nature and dates of prior damage or repairs. Property management contracts are important for the same reason. All such records may identify individuals with pertinent knowledge so that they can be contacted during the investigation of the claim. And these records were and are required to be kept by Galeria as a matter of Florida law. See § 718.111(12), Fla. Stat. (2009).
Nor may an insured refuse access to the damaged properties to an insurer's "loss consultant," insisting instead that the insurer send in an "adjuster." The post-loss duty in section E.3.a.(6) of the policy obligated Galeria to, "[a]s often as may be reasonably required, permit [Citizens] to inspect the property proving the loss or damage." Citizens acts through employees and agents, and an insured ordinarily recognizes that the sooner the insurer's representative (irrespective of title) is allowed to inspect the areas of claimed damage, the sooner the claim will be adjusted, appraised, or otherwise brought to resolution. Finally, and as we observed in Romay, "[t]hese obligations are not unduly burdensome or arbitrary."
Until these conditions are met and the insurer has a reasonable opportunity to investigate and adjust the claim, there is no "disagreement" (for purposes of the appraisal provision in the policy) regarding the value of the property or the amount of loss. Only when there is a "real difference in fact, arising out of an actual and honest effort to reach an agreement between the insured and the insurer,"
Citizens also argued that the appraisal order was in error because it failed to reserve jurisdiction on any coverage issues. Although this issue is moot because of our determination that the order compelling appraisal was premature, this court has previously addressed Citizens' argument. Once the trial court determines that a demand for appraisal is ripe, the court has the discretion to control the order
The order compelling appraisal is reversed and remanded for further proceedings.