Homeowners policy (HO2, wind only) has exclusion:
14. Exterior Paint Or Waterproofing Coverage for any building or structure under this Policy excludes loss caused by a Peril Insured Against to paint or waterproofing material, including stain, applied to the exterior of the building or structure.
The appraisal award came back including damage to stucco. Award lines included stucco patch and redash stucco. Does the policy owe for these damages or not?
Florida Subscriber
The items listed in this exclusion are ancillary items added as a protectant to the home's normal construction. Stucco is a structural construction material, and redashing is applied to repair cracks and other damage; therefore the exclusion does not apply and there should be coverage for the redashing of the stucco. The appraisal including an amount for the stucco is simply showing the amount necessary to pay for the covered damage and isn't actually making a coverage determination.
We looked at a number of cases regarding appraisals; as is often the case, any court case is very specific to the details of the case involved and why the carrier was sued. The cases involved a carriers' ability to deny a claim after an appraisal had been performed State Farm Fire & Cas. Co. v. Licea, 685 So. 2d 1285 (Fla. 1996), and in Johnson v. Nationwide Mutual Insurance Co., 828 So. 2d 1021 (Fla. 2002) the Florida Supreme Court held that, in a claim dispute where an insurer has denied the entire claim, whether or not a loss was covered by the policy was a judicially-determinable matter and not an appropriate question for an appraisal panel. We did not see any case that globally stated that an appraisal can be used to determine coverage, not amount. It all is going to depend on the nature of the claim and the reasons for the appraisal and the suit.

