SERCHAY v. STATE FARM FLORIDA INS. CO.

Nos. 4D08-4031, 4D08-4427.

25 So.3d 652 (2010)

Allan SERCHAY, on behalf of himself and all others similarly situated, Appellant, v. STATE FARM FLORIDA INSURANCE COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 11, 2010.


Attorney(s) appearing for the Case

Paul J. Geller, Stuart A. Davidson, and Cullin A. O'Brien of Coughlin Stoia Geller Rudman & Robbins LLP, Boca Raton, Howard S. Grossman and Timothy C. Nies of Howard S. Grossman, P.A., Boca Raton, and David A. Hoines of Hoines, Hess & Rose, Fort Lauderdale, for appellant.

Paul R. Regensdorf of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Fort Lauderdale, Thomas W. Curvin and Kristin B. Wilhelm of Sutherland Asbill & Brennan LLP, Atlanta, Georgia, and John A. Chandler of King & Spalding LLP, Atlanta, Georgia, for appellee.


GERBER, J.

This appeal presents the question of whether an insured homeowner, who does not receive from his insurer a statutorily-mandated premium discount for having a windstorm-mitigating hip roof, must pursue administrative remedies instead of pursuing court action against his insurer. We hold that the insured must pursue those administrative remedies. Therefore, we affirm the circuit court's dismissal of the plaintiff's action below.

The statutorily-mandated...

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