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6th DCAJune 9, 2023Dismissed in part; Reversed in part; Remanded⭐ Notable

First Acceptance Insurance Company, Inc. v. At Home Auto Glass, LLC a/a/o Petra James

Case No. 6D2023-1192

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.

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