In a case originating in the Thirteenth Circuit Court in and for Hillsborough County, Florida, the trial judge denied the insurer’s motion to compel appraisal and abate litigation.
The appellate court reversed finding the trial judge erred in finding that appraisal was not mandatory under the language of the insurance policy at issue. The appellate court also found the dispute involved a question of repairs, i.e. the amount of damage not coverage. Thus, the insurer acted within its rights under the policy when it demanded an appraisal.
Cincinnati Ins. Co. v. Cannon Ranch Partners, Inc., No. 2D14-827, 2014 WL 5286519, at 3 (Fla. Dist. Ct. App. Oct. 17, 2014)