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Florida s Second District Court of Appeals Adopts a Dual-Track Approach For the Appraisal of Property Insurance Claims | Burr & Forman

To embed, copy and paste the code into your website or blog: When an owner seeks the appraisal of a property insurance claim, insurers commonly object by demanding that the trial court must first rule on defenses to coverage before allowing appraisal panel to value the total claim submitted by the owner. As a result, Florida courts have been hesitant to compel appraisal of an owner’s property claim, usually valued through a public adjuster estimate, when coverage or scope issues persist and have not been first ruled on by the trial court. Florida’s Second District Court of Appeal just bucked this trend, and concluded that a trial court can order appraisal of the whole claim without considering scope or coverage issues raised by the insurer, and the parties’ appraisers or umpire may determine the total value of the claim. From there, the insurer may still object to any and all inclusions in the appraisal valuation that is not covered by the policy to remove them from any recove

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