STORY FROM: Superstorm Sandy Insurance Litigation

Insureds’ Failure to Comply with Post-Loss Duties Bars Entitlement to Appraisal, Fla. Appeals Court Rules

MIAMI — Policyholders are not entitled to appraisal in a dispute over coverage for hurricane damage to their home because they failed to comply with all conditions of the policy regarding their duties after loss, a Florida appeals court has ruled.

In a Feb. 15 ruling, the Florida 3rd District Court of Appeal explained that in Florida, all post-loss obligations must be satisfied before a court can exercise its discretion to compel appraisal. Therefore the insureds’ failure to provide their homeowners’ insurer with requested records and documents to support their supplemental claim defeats their motion for such appraisal.

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