Burzee v. American Traditions Insurance Co.
A homeowner served a § 627.70152 notice of intent, the insurer invoked appraisal, and after appraisal ran more than 90 days past the 10-day notice period the insured sued for breach of contract. The trial court dismissed the suit as premature under the policy's requirement that appraisal be completed before suit. The Sixth DCA reversed, holding that § 627.70152(4)(b) controls over conflicting policy language and expressly authorized the insured to sue once appraisal had not concluded within 90 days, and that dismissal was error where unresolved issues (additional policy payouts, interest, prevailing-party fees, and the insurer's sanctions motion) remained.
Key facts
- Homeowner served notice of intent to sue under § 627.70152 and insurer invoked appraisal; appraisal process extended more than 90 days beyond the 10-day notice period without concluding.
- Homeowner sued for breach of contract; trial court dismissed the suit as premature, finding that the insurance policy's requirement that appraisal be completed before suit barred the action.
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Why it matters
This is a useful published construction of § 627.70152(4)(b) for first-party property practitioners: once appraisal exceeds 90 days after the notice-of-intent window, an insured may sue despite a policy clause making… — full analysis with a trial
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