Troy Beecher

All articles by Troy Beecher

 

A Primer On Appraisal in Florida First-Party Property Damage Claims

In the wake of Hurricane Irma and other recent natural disasters, Florida courts have weighed in on one of the most important tools for resolution of first-party property damage claims: appraisal. In this post, we will address multiple appraisal issues and how courts have ruled recently on those issues. Failure to Timely Invoke Appraisal May Constitute Waiver In Versailles Sur La Mer Condominium Assoc., Inc. v. Lexington Ins. Co., 2018 WL 3827154 (M.D. Fla. Jul. 24, 2018) the insured, a
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Property Damage Repairs Prior to Notice of Loss to Insurer Forfeits Coverage

A recent Florida appellate opinion gives more teeth to repercussions for failing to give timely notice of a property damage loss to an insurer. In De la Rosa v. Florida Peninsula Insurance Company, 2018 WL 2246781 (Fla. 4th DCA 2018), a plumbing leak in the insureds’ residence resulted in interior water damage. Rather than report the claim immediately to the insurer, the insureds first completed all of the repairs. While the insureds retained some of the damaged plumbing components they
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No Attorney’s Fees for Insured in Suit Relating to Selection of an Umpire for Appraisal for Florida First-Party Property Claims

In a recent first-party coverage claim, an insurer invoked its homeowner’s policy’s appraisal provision pre-suit when the parties could not agree on the scope of loss. The appraisal provision required both parties to select an appraiser, who were in turn required to agree mutually upon a neutral umpire for appraisal. The policy’s appraisal provision stated further that in the event the appraisers could not agree upon a neutral umpire, either party could initiate a legal action to request that the
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