What is the remedy when an Insured-Policyholder or Insurance Company chooses a supposedly incompetent Appraiser but the Insurance Policy obligates them both to select competent Appraisers?
According to the Florida Appellate Court in Travelers of Florida v. Stormont, Download Travelers of Florida v. Stormont (Fla. 3d DCA Case Nos. 3D09.1100, 3D08.2835, Opinion Filed September 15, 2010) (STATED NOT FINAL; PUBLIC ACCESS) also published as 2010 WL 3564708 (Fla. 3d DCA September 15, 2010)(Westlaw subscription required to access Westlaw), the remedy comes in two parts.
First, "promptly" make a written demand for a new and competent Appraiser. If the other Party refuses, then "plan B" is to file a Complaint seeking that the Appraiser be removed. Travelers of Florida v. Stormont, 2010 WL 3564708 at *2.
The Appellate Court panel unanimously signed off on the Opinion in this case, which was written by Judge Gerald B. Cope. He has been a respected Appellate Judge in Florida for over 20 years. He has resigned effective October 31, 2010 to enter private practice. He and his demonstrated expertise in Insurance Law will be greatly missed. Best wishes to Judge Cope as he enters another phase of his honorable career.
Please Read The Disclaimer.
Comments