Case Law Update: Letteri v. Safepoint Insurance — Suing During Appraisal Did Not Earn Attorney’s Fees

On October 2, 2026, Florida’s Sixth District Court of Appeal affirmed a Lee County summary judgment for Safepoint Insurance Company in Letteri v. Safepoint Insurance Company, No. 6D2025-0045, a Hurricane Ian claim. The homeowner sued while a policy-required appraisal was still pending, and after the umpire awarded policy limits and Safepoint paid on time, he sought his attorney’s fees. The court held that no “confession of judgment” occurred and that he had no basis to recover fees; the opinion is marked not final until the time to seek rehearing expires.

What Happened

According to the opinion, Lonne Letteri’s home was damaged by Hurricane Ian and he promptly filed a claim. Safepoint inspected, accepted coverage, and paid about $200,000. A month later he served a notice of intent to sue under section 627.70152, Florida Statutes (2022), seeking more than $200,000 in additional damages and $10,000 in attorney’s fees. Safepoint responded by requiring appraisal.

The court described the appraisal as proceeding “uneventfully.” Both sides timely chose appraisers, and the appraisers agreed on an umpire. When appraisal had not concluded within ninety days, Letteri sued for breach of contract. Safepoint moved to abate the suit until appraisal finished, and Letteri agreed. The umpire later issued an award for policy limits, which Safepoint paid within the sixty days the policy allowed. The court noted that Letteri conceded below that any delay in finalizing the award was nobody’s fault, and that his own appraiser attested the delay stemmed from the umpire’s post-hurricane workload.

What the Court Decided

No confession of judgment. Under the confession-of-judgment doctrine from Wollard v. Lloyd’s & Cos. of Lloyd’s, 439 So. 2d 217 (Fla. 1983), an insurer that pays after being sued can be treated as if judgment were entered against it, which could trigger fees under former section 627.428(1). The Sixth District joined the other district courts in refusing to extend that doctrine to a “race to the courthouse.” It wrote: “Nobody forced Letteri to sue to receive his benefits, and his lawsuit did not act as a necessary catalyst to resolve the dispute.”

The ninety-day window is permission, not an appraisal deadline. Section 627.70152(4)(b), as quoted by the court, says that if appraisal is not concluded within 90 days after the notice period, the claimant “may immediately file suit without providing the insurer additional notice.” The court held the statute “allowed Letteri to file his lawsuit, it did not require it,” and that the ninety days is not a deadline for finishing appraisal: “The statute does not reference such a deadline. Neither does the policy.”

No zero-dollar-offer fee formula. Letteri argued that because Safepoint made no settlement offer, its presuit offer should be treated as $0 under the fee formula in former section 627.70152(8). The court rejected that, reasoning that an insurer that does not deny coverage “must respond by making a settlement offer or requiring the claimant to participate in appraisal,” and that “or” is disjunctive. Having invoked appraisal, Safepoint did not have to make an offer.

The court also affirmed denial of prejudgment interest, citing section 627.70131(7)(a)’s statement that a failure to comply with that subsection “does not form the sole basis for a private cause of action.”

The opinion notes that section 627.428 was repealed by Chapter 2023-15, Laws of Florida (effective March 24, 2023), and that the fee provision in section 627.70152(8) was repealed by Chapter 2022-271 (effective December 16, 2022). The fee holdings therefore concern claims governed by those earlier statutes.

What This Means If You Have a Florida Property Insurance Claim

• Being allowed to sue is not the same as needing to. The court contrasted this case with ones where the insurer avoided or delayed appraisal or payment, citing Travelers Indem. Ins. of Ill. v. Meadows MRI, LLP, 900 So. 2d 676 (Fla. 4th DCA 2005), and Goff v. State Farm Fla. Ins., 999 So. 2d 684 (Fla. 2d DCA 2008). The court noted that Safepoint did not, for example, avoid or delay appraisal or payment.
• Document delay as it happens. Here, the insured’s concession that the delay was nobody’s fault, and his appraiser’s statement attributing it to the umpire’s workload, were part of the record. Keep dated notes of appraiser selection, umpire selection, inspections, and every unanswered request.
• Read the appraisal clause. This policy required appraisers within twenty days and payment within sixty days of an award, but set no deadline to finish appraisal. Your policy’s terms may differ.
• Know which law applies to your claim. Fee rules for Florida property claims changed in 2022 and 2023, so the timing of a claim can affect what remedies exist.

Every claim turns on its own policy language and facts, and this decision does not predict the result in any other case. If your property insurance claim has been denied, underpaid, or stalled, see our guide to denied insurance claims in Florida. Louis Law Group offers a free case evaluation.

Case details: Lonne Letteri v. Safepoint Insurance Company, No. 6D2025-0045 (Fla. 6th DCA Oct. 2, 2026). Opinion by Chief Judge Traver; Judges Stargel and Brownlee concur. On appeal from the Circuit Court for Lee County, No. 2023-CA-009103, Judge Michael T. McHugh. Final summary judgment affirmed. Status current as of October 11, 2026.

This article is for general information and is not legal advice. It summarizes a court opinion; facts described are as stated by the court. More rulings are collected on our Case Law & Industry Insights page.