Parrish v. State Farm Florida Insurance Co.

Resolving certified conflict between the Second and Third DCAs, the Florida Supreme Court held that a public adjuster (or the president of a public adjusting firm) who stands to receive a contingency fee based on the insured's recovery cannot serve as a 'disinterested' appraiser under a homeowner's policy appraisal provision. Applying the plain, dictionary meaning of 'disinterested' (free of pecuniary interest), the Court rejected arguments that the term is ambiguous, that it is synonymous with 'independent,' or that disclosure of the fee arrangement cures the interest. Justice Labarga dissented, finding the term ambiguous and thus construable in the insured's favor.

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