Kennedy v. First Protective Insurance Co. d/b/a Frontline Insurance
Homeowners disputed Hurricane Irma window-damage coverage with their insurer for months; the insurer demanded appraisal before providing the statutory notice of the right to mediate under section 627.7015, and the trial court compelled appraisal. The Third DCA reversed, holding that once a dispute has arisen, an insurer may not demand appraisal before giving the insured notice of the right to mediate, and an insurer that does so waives its right to appraisal.
Key facts
- Homeowners filed a property insurance claim with First Protective Insurance for window damage from Hurricane Irma and disputed the insurer's coverage determination for several months.
- The insurer demanded appraisal before providing the statutory notice of the right to mediate required under section 627.7015, and the trial court granted the insurer's motion to compel appraisal.
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Why it matters
This gives first-party property policyholders a clean, citable waiver rule: an appraisal demand made before the section 627.7015 mediation notice forfeits the insurer's appraisal right. It extends Colosimo by tying the… — full analysis with a trial
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