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.
Key facts
- State Farm Florida Insurance Co. and Parrish disputed the qualifications of an appraiser under a homeowner's insurance policy appraisal provision, with the appraiser or his firm receiving contingency-fee compensation as a public adjuster based on the insured's recovery.
- The Second and Third District Courts of Appeal issued conflicting decisions on whether a public adjuster with a financial stake in the claim could serve as a 'disinterested' appraiser under the policy's appraisal clause.
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Why it matters
This is a controlling statewide rule for every first-party property appraisal in Florida: insurers can now demand replacement of any appraiser tied to a contingency-fee public adjusting engagement, and insureds must… — full analysis with a trial
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