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Case Law Wednesday - Appraisal on a Denied Claim



Homeowner and business insurance policies typically contain an appraisal provision. We have previously discussed on this blog what appraisal is.


However, not every claim can be sent to appraisal. In a recent case, Cypress Prop. & Cas. Ins. Co. v. Empire Mitigation, the appellate court decided that a case should NOT be sent to appraisal because (a) the contract did not allow it and (b) the insured had waived appraisal.


In this particular case, the insurance company had paid some of the damage and denied coverage for the some of the damage. The particular insurance policy contained a provision regarding appraisal that said that appraisal was only appropriate when a disagreement exists ONLY as to the amount of covered loss. This is different from the general rule in Florida that allows appraisal when there's a combination of covered and non covered damages. Because this particular policy's appraisal provision was different than the standard appraisal language, the appellate court decided that appraisal was not appropriate for that case and sent the case back to the trial court.


As we have mentioned time an again on this blog, reading the policy is crucial to understanding what your rights and obligations are. If you have a claim against your insurance company and they've demanded appraisal, contact the attorneys at Alvarez Law Group for a free consultation at (786) 620-2820 or receptionist@alvarez.legal.


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