Florida Supreme Court: Appellate Court Can Not Review Non-Final Order Regarding Sovereign Immunity for State Created Property Insurer
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Florida Supreme Court: Appellate Court Can Not Review Non-Final Order Regarding Sovereign Immunity for State Created Property Insurer

The Florida Supreme Court ruled that the appellate court does not have the authority to rule on a non-final order regarding sovereign immunity for a state-created property insurer in a bad faith action.  The issue initially arose from the failure to pay by Citizens Property Insurance Company, a state created Florida property insurer, for damages caused by Hurricane Ivan.  In the bad faith action that followed, Citizens claimed sovereign immunity.  The trial court denied the claim of immunity, which led Citizens to file a petition for certiorari for appellate review. However, the Florida Supreme Court determined that this non-final order could not be reviewed.  However, the Court refused to expand its decision beyond the facts of this case.

Citizens Property Insurance Corp. v. San Perdido Association, No. SC10-2433 (Fla. Nov. 15, 2012).
 
Citizens Property Insurance co v. San Perdido Assn..pdf