People's Trust Insurance Company v. Cesar Fernandez and Luz Fernandez
The Fifth District reversed an order denying an insurer's motion to compel appraisal, holding the insurer had not acted inconsistently with its appraisal right. Applying arbitration-waiver principles, the court reiterated that an appraisal clause may be invoked for the first time after suit is filed, and that a settlement offer and adherence to a coverage position are not conduct inconsistent with the right. Because the insurer pleaded appraisal in its answer and moved to compel six days later, no waiver occurred.
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