Gabrielle Wright | Marshall Dennehey Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property after Hurricane Irma. American Coastal paid San Marco for the claimed damage. Thereafter, San… Continue reading Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Tag: insurance appraisal
Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
Noah Prosser | Marshall Dennehey On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of appraisal. The specific conflict centered around whether a trial court could compel appraisal… Continue reading Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S.… Continue reading Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
Tred R. Eyerly | Insurance Law Hawaii The trial court’s order granting the insured’s motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured’s additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct.… Continue reading Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
William Rabb | Claims Journal Public adjusters cannot double as appraisers in claims disputes if their total fees exceed the statutory cap, a Florida appeals court decided Wednesday in what may be seen as another win in property insurers’ long battle against tactics allegedly employed by some public adjusters. The decision in Monarch Claims Consultants… Continue reading Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap