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.
Key facts
- The Fernandezes reported a property damage claim in September 2022; People's Trust inspected within a week and estimated replacement cost of repairs at $947.51 against a $1,000 deductible.
- In an October 2022 coverage determination letter, the insurer extended coverage for roof damage but not the bathroom ceiling and stated no repairs or payment would occur until the parties agreed on an amount of loss exceeding the deductible or an appraisal panel determined the loss and scope exceeded it.
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Holdings
- Florida courts apply arbitration-waiver principles to contractual appraisal rights, and an appraisal clause may be invoked for the first time after litigation has commenced; there is no…
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Why it matters
This decision reinforces a defense-favorable line on appraisal waiver that first-party property practitioners will use immediately: an insurer's presuit conduct — including a low-ball settlement offer, a firm… — full analysis with a trial
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