First Acceptance Insurance Company, Inc. v. At Home Auto Glass, LLC a/a/o Petra James
An auto glass shop taking an assignment of benefits sued the insurer for the full invoiced windshield replacement cost after the insurer paid a lesser amount and invoked the policy's appraisal clause. The Sixth DCA held the phrase 'amount of loss' in the appraisal provision necessarily includes the monetary cost to repair or replace, not just the extent of physical damage, and reversed the denial of the motion to compel appraisal; it dismissed the portion of the appeal challenging denial of the motion to dismiss for lack of jurisdiction.
Key facts
- Auto glass shop At Home Auto Glass, as assignee of insured Petra James's benefits, sued insurer First Acceptance Insurance Company seeking full invoiced windshield replacement cost after insurer paid a lesser amount.
- Insurer invoked the insurance policy's appraisal clause in response to the lawsuit, arguing the parties should proceed to appraisal rather than litigation over the repair cost.
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Why it matters
The opinion aligns the new Sixth DCA with the Second, Fourth, and Fifth DCAs on windshield/AOB appraisal litigation, giving insurers a fresh citation to compel appraisal over 'amount of loss' definitional arguments and… — full analysis with a trial
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