7635 Mandarin Drive, LLC v. Certain Underwriters at Lloyd's, London
Insured homeowners demanded appraisal after their public adjuster's replacement-cost estimate came in roughly $150,000 above the insurer's estimate; the insurer refused to appoint an appraiser, insisting the insureds first supply an actual-cash-value estimate, which the policy did not require. The Fourth DCA reversed the denial of fee entitlement under sections 627.428/626.9373, holding that the insurer's unfounded refusal to appraise constituted a breakdown in the adjusting process and a breach of contract, making the petition to compel appraisal a 'necessary catalyst' for payment.
Key facts
- Homeowners with a public adjuster's replacement-cost estimate approximately $150,000 higher than the insurer's estimate demanded appraisal under their homeowners insurance policy.
- The insurer refused to appoint an appraiser, instead demanding the insureds provide an actual-cash-value estimate that the policy did not require.
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Why it matters
This decision gives first-party property policyholders a concrete roadmap for obtaining fees after a petition to compel appraisal, holding that an insurer cannot manufacture 'no dispute' by demanding an ACV estimate the… — full analysis with a trial
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