Hurricane Sally damage not properly appraised
A Florida federal court judge recently vacated a $187 million appraisal award issued to a group of condominium associations in Pensacola for Hurricane Sally damage. George Keys served as the appraiser for the associations, …
Plus, a win for a roofing contractor
A federal appellate court rules an insurance company waited too long to object to an appraiser, a state appellate court rules a trial court was too quick to order an appraisal, and a …
Plus, mind your AOBs!
The court battles continue on whether presuit notification in a property insurance claim retroactively applies, precision counts in Assignment of Benefits contract language, and a court rules in one case that you can have an appraisal …
Plus, skipping insurance shopping
A definitive decision from Florida’s highest court on whether an appraisal can be ordered before coverage issues are decided on an insurance claim, food for thought on how to manage this decision, plus a market report …
Looking good!
The December 2022 property insurance market reforms passed by the Florida Legislature are making a big difference already, with fewer and less severe non-hurricane claims and fewer daily lawsuits, according to Stacey Giulianti of Florida Peninsula Insurance Company. …
Court requires legit cost dispute first
Florida’s Third District Court of Appeal has ruled in another case regarding untimely claims that you can’t put the cart before the horse – in this case, a court can’t compel appraisal without first …
Plus, a Surfside condo settlement
Florida’s appellate courts have again sided with insurance companies on whether claim settlement proposals need to include specific offers of attorney fees; and on another question of ambiguity about whether the appraisal process applies to …
By Andrew Rock, Esq.
In a first party property case pending in the Panhandle, the United States District Court for the Northern District of Florida entered an order denying Plaintiff’s Motion for Entitlement to Attorney Fees and Costs. The case …
by Robert T. Schulte, Esq.
One provision of the 2019 Assignment of Benefits (AOB) statutory change in Florida was the requirement that a claimant seeking compensation from an insurer as the recipient of an AOB from the insured “[m]ust, as …
Florida court adopts dual approach
There’s another significant development from over the past holiday to report, this one concerning the appraisal of property insurance claims. It has been common practice for Florida courts to deny a property owner’s motion to …