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.
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